Most restaurants are classified under NCCI class codes 9082 (full-service), 9083 (fast food), or 9084 (bars and taverns), with national average rates of roughly $1.03 to $1.06 per $100 of payroll for the main restaurant codes. Your actual cost depends on your class code, your state, your payroll, and your claims history. A handful of states use their own codes instead of NCCI’s — and workers comp is required in nearly every state once a restaurant has even one employee.
This guide focuses on the class codes and what drives cost. For broader coverage guidance, see our ultimate guide to workers comp for restaurant owners.
The Main Restaurant Workers Comp Class Codes
- 9082 — Restaurant NOC (full-service): the catch-all code for most restaurants with wait staff, from a breakfast café to fine dining. National average rate around $1.06 per $100 of payroll.
- 9083 — Fast food / limited service: establishments without wait staff, where customers order at a counter or drive-thru. National average around $1.03 per $100 of payroll.
- 9084 — Bars, taverns, lounges: establishments earning at least 50% of revenue from alcohol sales.
- 8810 — Clerical: a much lower-rate code used for bookkeepers and office-only staff.
The dividing lines matter: a restaurant that earns more than half its revenue from alcohol is typically classified as 9084 rather than 9082.
States That Use Their Own Codes
Several states have opted out of the standard NCCI restaurant codes:
- Texas and New Jersey — use code 9079 for all restaurants regardless of service style or alcohol.
- California — uses 9080 for sit-down restaurants, with separate codes for fast food and bars.
- New York, Pennsylvania, Delaware — use their own state-specific systems.
So confirm whether your state follows NCCI or its own classification before estimating cost.
What Drives a Restaurant’s Premium
- Class code — full-service, fast food, or bar.
- Payroll — premiums are calculated per $100 of payroll.
- State — the same restaurant can pay around 25% more in a high-cost state.
- Claims history (EMR) — a clean safety record lowers premiums.
- Injury types — cuts, slips, and burns are the most frequent; back injuries are the costliest.
To estimate your own cost, our guide on how to calculate workers comp cost per employee explains the per-$100 method.
If you want to estimate how restaurant payroll, workers comp, and compliance fit together, this baseline tool can serve as a starting reference: https://peopaygo.com/get-rate-exchange-blogs/u/step-1.
How Restaurants Can Lower Workers Comp Cost
- Classify each role accurately (kitchen vs. clerical) to avoid overpaying
- Use anti-slip mats, knife-handling protocols, and burn-prevention training
- Report and manage claims quickly to limit severity
- Track and improve your EMR over time
- Consider pay-as-you-go or a PEO to tie premiums to real payroll and access pooled rates
Frequently Asked Questions
What class code do restaurants use for workers comp?
Most use NCCI 9082 (full-service), 9083 (fast food), or 9084 (bars). Some states use their own codes — for example, Texas and New Jersey use 9079, and California uses 9080 for sit-down restaurants.
How much is workers comp for a restaurant?
National average rates for the main restaurant codes run roughly $1.03 to $1.06 per $100 of payroll, but your cost varies by state, class code, payroll, and claims history.
Is workers comp required for restaurants?
In nearly every state, yes — once you have one or more employees, including part-time staff. Owner and officer exemptions vary by state.
Why does a bar have a different class code than a restaurant?
Because establishments earning at least 50% of revenue from alcohol (code 9084) carry a different risk profile than full-service restaurants (9082) or fast food (9083).
The Bottom Line
Restaurant workers comp comes down to your class code — usually 9082, 9083, or 9084 — and your state, with national average rates around $1.03 to $1.06 per $100 of payroll for the main codes. It’s required in nearly every state once you hire. Classify roles accurately, invest in kitchen and floor safety, and track your EMR to keep premiums in check.
If you want to see how bundling restaurant workers comp with payroll and HR through a single integrated provider controls cost and audits, this baseline tool can serve as a starting reference: https://peopaygo.com/get-rate-exchange-blogs/u/step-1.
Running a restaurant? Confirm your state’s class codes and classify each role correctly, then tighten kitchen and floor safety to lower your premium.
This article is for informational purposes only and does not constitute legal or insurance advice. Workers compensation class codes, rates, and state requirements vary and change frequently. Consult a qualified insurance broker for guidance specific to your restaurant.