Restaurant Workers' Comp in Delaware
What Delaware requires of restaurants and bars for workers' compensation — when it kicks in, who's exempt, and what it costs.
Reviewed by J. Robert Smith, Licensed Insurance Agent (NPN 10378680). Last updated .
Yes. Delaware requires every employer with one or more employees—full-time, part-time, seasonal, or temporary—to carry workers' compensation insurance before any worker starts, so essentially all restaurants must comply. Sole proprietors and partners are excluded but may elect coverage. Farm laborers and low-earning household workers fall outside the mandate under Title 19.
- Required?
- Yes
- Kicks in at
- 1+ employees; coverage must be in force before the employee begins work. No minimum-employee grace period.
- Restaurant rate
- Delaware uses the independent Delaware Compensation Rating Bureau (DCRB), not NCCI, so filed codes mirror but don't exactly equal NCCI. Class 9082 (table/waiter service) approx. $0.70–$1.10 per $100 payroll; 9083 (fast food/limited-service) approx. $0.90–$1.30. Approximate, industry tier.
- Market
- Competitive private market with no state fund; coverage is bought from private insurers, and hard-to-place risks use the residual/assigned-risk market administered through the DCRB.
Is workers’ comp required for a restaurant in Delaware?
Delaware requires workers' compensation once you reach 1+ employees; coverage must be in force before the employee begins work. No minimum-employee grace period.. Sole proprietors and partners are excluded but may elect coverage; up to 8 corporate officers who are stockholders and up to 4 LLC members may exempt themselves by written agreement. Farm laborers and household/domestic workers earning $750 or less in any three-month period are excluded (Title 19 § 2308).
What restaurant workers’ comp costs in Delaware
The restaurant class-code rate in Delaware is Delaware uses the independent Delaware Compensation Rating Bureau (DCRB), not NCCI, so filed codes mirror but don't exactly equal NCCI. Class 9082 (table/waiter service) approx. $0.70–$1.10 per $100 payroll; 9083 (fast food/limited-service) approx. $0.90–$1.30. Approximate, industry tier.. Your premium is that rate applied per $100 of payroll and adjusted by your experience modifier, so it scales with how many people you employ and your claims history. Competitive private market with no state fund; coverage is bought from private insurers, and hard-to-place risks use the residual/assigned-risk market administered through the DCRB.
What owners in Delaware miss
- Delaware enforces a strict one-employee trigger with no small-employer exemption, and coverage must be in force before the first employee starts work.
- Delaware is one of few states with its own independent rating bureau (the Delaware Compensation Rating Bureau) instead of NCCI, so restaurants see DCRB-filed loss costs.
- Executive-officer and LLC-member exclusions require a signed written election filed with the carrier, capped at 8 officers or 4 members.
- Farm laborers and low-earning domestic workers are statutorily outside the Act unless the employer voluntarily insures them.
Sources
- State of Delaware: Delaware Code Title 19, Chapter 23 — Workers' Compensationprimaryretrieved 2026-07-27
- Delaware Division of Industrial Affairs: When is an employer required to carry workers' compensation insurance?primaryretrieved 2026-07-27
- Delaware Code (Justia): Delaware Code § 2308 — Applicability; executive officers; sole proprietors and partnersindustryretrieved 2026-07-27
Cost examples are illustrative national figures gathered from public filings and industry surveys. They are not quotes. Your actual premium depends on your state, carrier, revenue, payroll, location, and coverage selections. Restaurant Insurance Authority is an insurance marketing and referral service, not an insurer or licensed agency. We connect business owners with licensed independent commercial-lines agents who specialize in food and beverage. Questions? Call (855) 480-1410.
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