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Employment Practices Liability Insurance (EPLI)

Protect your tree service business with epli coverage designed for the unique risks you face.

At a Glance

Protect your tree service business with epli coverage designed for the unique risks you face.

  • Core epli protection for tree service operations
  • Coverage tailored to industry-specific risk exposures
  • Legal defense costs for covered claims
  • Protection for both field operations and office activities

What It Covers

Employment Practices Liability Insurance (EPLI) provides essential protection for tree service companies operating in a high-risk environment. This coverage addresses the specific exposures that tree care professionals face daily, from equipment-intensive field work to managing a mobile workforce across multiple job sites.

For tree service businesses, epli coverage is particularly important because the nature of your work creates unique risk exposures that standard business policies may not adequately address. The combination of heavy equipment, hazardous work conditions, and proximity to client property makes comprehensive coverage essential.

Why Tree Services Need It

Tree service companies face distinct challenges that make epli coverage a critical component of a complete insurance program. The physical demands of tree work, combined with the financial risks of operating a service business, create exposures that can threaten your company's survival if not properly insured.

Without adequate epli protection, a single incident could result in financial losses that exceed your ability to pay out of pocket. Many tree service companies have learned this lesson the hard way — don't let yours be one of them.

Typical Cost

$1,200-$4,000/year for tree service companies with 5-25 employees. Smaller operations with fewer than 5 employees pay $800-$1,500/year. Companies with 25-50 employees pay $3,500-$6,000/year. The premium rises with employee count because more employees means more potential claimants. Prior EEOC charges or lawsuits in your history increase premiums 30-60%. Companies in California, New York, and New Jersey pay 15-25% above the national average due to more plaintiff-friendly employment laws.

Real-World Claim Example

A tree service company in Georgia with 18 employees fired a 52-year-old foreman after 7 years with the company. The owner cited poor performance and attitude issues, but had no written documentation — no performance reviews, no written warnings, and no progressive discipline records. Two weeks after termination, the company hired a 28-year-old replacement at a lower salary. The fired foreman filed a charge with the EEOC alleging age discrimination under the Age Discrimination in Employment Act (ADEA), claiming he was replaced by a substantially younger worker and that 'attitude issues' was a pretext for age-based termination. The EEOC investigated for 8 months and issued a right-to-sue letter. The foreman hired a plaintiff's employment attorney who filed a federal lawsuit seeking $180,000 in back pay, front pay, compensatory damages, and attorney's fees. The EPLI policy covered $42,000 in defense attorney fees, $18,000 in discovery and deposition costs, and a $65,000 settlement (the case settled before trial when the company's lack of documentation made a jury trial risky). Total payout: $125,000. Without EPLI, the tree service owner would have paid all costs out of pocket — and many employment attorneys will not take these cases on contingency for the defense side.

Industry Statistics

Statistic
The EEOC received 81,055 workplace discrimination charges in fiscal year 2024, with retaliation (55%), disability (37%), race (33%), and sex/gender (30%) being the most common bases — all of which apply to tree service companies (EEOC Annual Performance Report 2024)
The average cost to defend an employment practices claim through trial is $125,000-$175,000 — even when the employer wins — making EPLI defense cost coverage alone worth the premium (Defense Research Institute Employment Litigation Cost Survey 2024)
Small businesses with 15-50 employees are the most vulnerable to EPLI claims because they are large enough to be subject to federal employment laws but often lack HR departments and formal policies (Employment Law Alliance Survey 2024)
Wrongful termination is the most common EPLI claim trigger for tree service companies at 38%, followed by harassment at 27% and discrimination at 23% (Hiscox EPLI Claims Report 2024)

Pro Tip

The single best thing you can do to reduce EPLI exposure — and get lower premiums — is to document everything in writing. Every performance conversation, every warning, every disciplinary action should be in a written memo signed by both the supervisor and the employee. Keep these records for at least 4 years after the employee leaves (the statute of limitations for most federal employment claims is 300 days for filing with the EEOC, but lawsuits can be filed up to 90 days after that, and state claims can have longer windows). Also, create and distribute an employee handbook — even a basic one — that covers anti-harassment policies, complaint procedures, at-will employment status, and progressive discipline steps. Many EPLI carriers offer free handbook templates and HR hotlines as part of the policy. Use them. A documented termination process with two written warnings, a final written warning, and a termination letter referencing specific policy violations is extremely difficult for a plaintiff to overcome in court.

Common Exclusions

This policy typically does not cover:

  • Criminal acts by the employer — if you knowingly violate employment law or commit assault, EPLI will not cover you
  • Wage and hour violations (unpaid overtime, minimum wage, misclassification) — these are the most common employment lawsuits but are excluded from nearly all EPLI policies because they are considered 'certain to occur' rather than accidental
  • OSHA violations and workplace safety penalties — safety enforcement actions are not employment practices claims
  • Workers' compensation retaliation claims in some states — coverage varies by carrier and state law
  • Claims arising from a reduction in force or mass layoff that violates the WARN Act (Worker Adjustment and Retraining Notification Act)

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What's Included

  • Core epli protection for tree service operations
  • Coverage tailored to industry-specific risk exposures
  • Legal defense costs for covered claims
  • Protection for both field operations and office activities
  • Flexible limits to match your business size
  • Certificate of insurance for client requirements

Cost Factors

  • Annual revenue and business size
  • Number of employees and subcontractors
  • Types of tree services offered
  • Claims history and risk management practices
  • Coverage limits and deductible selections
  • Geographic location and local risk factors

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