Restaurant Workers' Comp in Florida
What Florida 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. Florida requires workers' compensation for non-construction restaurants once they employ four or more people, counting full-time, part-time, and seasonal workers, plus corporate officers and LLC members. Sole proprietors and partners aren't counted, and officers may file for an exemption. Construction businesses, by contrast, need coverage with just one employee.
- Required?
- Yes
- Kicks in at
- 4 or more employees (non-construction); construction requires coverage at 1 or more employees. Part-time, seasonal, and temporary workers all count toward the four.
- Restaurant rate
- NCCI class code 9082 (full-service) approx. $1.16 per $100 of payroll; code 9083 (fast food/quick-service) approx. $1.20 per $100, effective 1/1/2026 (derived from NCCI loss costs; industry tier). A $160 annual expense constant also applies.
- Market
- Florida operates a competitive private insurance market with no state fund; employers buy from private carriers, and a residual-market assigned-risk plan exists for hard-to-place risks.
Is workers’ comp required for a restaurant in Florida?
Florida requires workers' compensation once you reach 4 or more employees (non-construction); construction requires coverage at 1 or more employees. Part-time, seasonal, and temporary workers all count toward the four.. Sole proprietors and partners in non-construction businesses are not counted as employees and are covered only if they voluntarily elect in (form DWC-251). Corporate officers and LLC members are counted toward the four-employee threshold but may file for a personal exemption through the Division of Workers' Compensation.
What restaurant workers’ comp costs in Florida
The restaurant class-code rate in Florida is NCCI class code 9082 (full-service) approx. $1.16 per $100 of payroll; code 9083 (fast food/quick-service) approx. $1.20 per $100, effective 1/1/2026 (derived from NCCI loss costs; industry tier). A $160 annual expense constant also applies.. 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. Florida operates a competitive private insurance market with no state fund; employers buy from private carriers, and a residual-market assigned-risk plan exists for hard-to-place risks.
What owners in Florida miss
- Florida's four-employee trigger for non-construction restaurants is unusually high, so a small cafe with three or fewer workers is not legally required to carry coverage, unlike in most states.
- Corporate officers and LLC members are counted as employees toward the four-employee threshold, but each can affirmatively opt out by filing a Division exemption (form DWC-250) rather than being auto-excluded.
- An uninsured non-construction employer that should have carried coverage loses its statutory tort immunity and can be sued directly in civil court for the full extent of an injured worker's damages.
- Construction work is treated entirely differently — coverage is mandatory at just one employee, and officer exemptions there are capped at three per corporation with a 10% ownership requirement.
Sources
- Florida Department of Financial Services: Workers' Compensation Coverage Requirementsprimaryretrieved 2026-07-27
- The Florida Senate: 2022 Florida Statutes Chapter 440.02 (Definitions)primaryretrieved 2026-07-27
- WorkersCompCost.com: Workers' Comp Rate for Restaurant NOC in Florida — Class Code 9082industryretrieved 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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