Workers' Comp Insurance for Restaurants Businesses in New York

Restaurants use NCCI 9082 (full-service) or 9083 (fast-food/quick-service). Bars and taverns use 9079. Cuts, burns, and slips drive most claims — moderate rates compared to construction trades but high frequency in New York. The New York workers' compensation market is governed by NYCIRB, and the average rate statewide is approximately $1.41 per $100 of payroll.

New York requirements for restaurants businesses

When required: Required for any employer with at least one employee, including part-time and family members.

Sole proprietors: Sole proprietors are exempt unless they elect; partnerships exempt for partners only.

Owner / officer exclusion: Sole corporate officers and one- or two-person corps may exclude; LLC members may exclude.

Restaurants class codes used in New York

Why restaurants workers' comp is tricky in New York

Restaurants with significant alcohol sales (>50%) are coded as bars (9079) at higher rates. Delivery drivers may need separate auto coverage. Tipped employees create payroll auditing complications.

Tips for New York restaurants

• ✓ Track tipped wages separately for accurate payroll reporting
• ✓ Pizza delivery has separate exposure — many carriers require non-owned auto
• ✓ Slip mats and non-slip footwear policies earn schedule credits
• ✓ Burns from fryers are the #1 claim — document fryer safety training

Restaurants workers' comp in other states

Rates and requirements for restaurants vary widely by state. Compare New York to other major markets:

Other industries in New York

New York workers' comp rates and requirements for other common industries: