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Restaurant Workers' Comp in Hawaii

What Hawaii 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. Hawaii mandates workers' compensation for any employer with one or more employees, full-time or part-time, permanent or temporary, so every restaurant with staff must provide coverage before work begins. Additionally, Hawaii uniquely requires separate Temporary Disability Insurance and Prepaid Health Care coverage for employees working twenty-plus hours weekly—three distinct mandates no other state imposes.

Required?
Yes
Kicks in at
1+ employees (full- or part-time, permanent or temporary) under HRS Chapter 386.
Restaurant rate
NCCI class 9082 (table/waiter service) approx. $1.00–$1.60 per $100 payroll; 9083 (fast food/limited service) approx. $1.10–$1.80. Low-to-moderate hazard tier; Hawaii is an NCCI loss-cost state. Approximate, industry tier.
Market
Competitive private market with no monopolistic state fund; coverage is purchased from authorized private carriers or via approved self-insurance, with a residual assigned-risk market for hard-to-place employers.

Is workers’ comp required for a restaurant in Hawaii?

Hawaii requires workers' compensation once you reach 1+ employees (full- or part-time, permanent or temporary) under HRS Chapter 386.. Excluded categories under HRS § 386-1 include certain 25%-or-greater stockholders, all 50% stockholders (working owners), real estate salespersons/brokers paid solely by commission, and some domestic, agricultural, and casual workers below statutory earnings thresholds. Sole proprietors and partners are not "employees" but may elect coverage.

What restaurant workers’ comp costs in Hawaii

The restaurant class-code rate in Hawaii is NCCI class 9082 (table/waiter service) approx. $1.00–$1.60 per $100 payroll; 9083 (fast food/limited service) approx. $1.10–$1.80. Low-to-moderate hazard tier; Hawaii is an NCCI loss-cost state. 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 monopolistic state fund; coverage is purchased from authorized private carriers or via approved self-insurance, with a residual assigned-risk market for hard-to-place employers.

What owners in Hawaii miss

  • Hawaii uniquely layers three separate mandatory coverages: workers' compensation, Temporary Disability Insurance (TDI) for non-work-related disability for employees working 20+ hours weekly, and Prepaid Health Care Act (PHCA) health insurance for employees working 20+ hours weekly for four consecutive weeks.
  • TDI and PHCA are wholly separate from workers' comp and administered by the DLIR Disability Compensation Division, so carrying workers' comp alone does not satisfy them.
  • Employers are prohibited from charging employees any part of the workers' comp premium.
  • Enforcement includes stop-work orders and penalties of $100 per employee per day (minimum $500).

Sources

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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