Restaurant Workers' Comp in Massachusetts
What Massachusetts 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. Massachusetts requires all employers to carry workers' compensation for their employees, regardless of hours worked or number of employees, so a restaurant needs coverage from its first hire. Sole proprietors, partners, and LLC members may exclude themselves, and corporate officers owning at least twenty-five percent may request exemption, but employees must always be covered.
- Required?
- Yes
- Kicks in at
- Any employer with one or more employees must carry coverage, regardless of hours worked or number of employees — from the first employee. Domestic workers are the narrow exception, requiring coverage only at 16+ hours per week.
- Restaurant rate
- Rated by the Workers' Compensation Rating & Inspection Bureau of Massachusetts (WCRIBMA), not NCCI. Full-service restaurants use 9082, fast food uses 9083. Industry studies place the national 9082 average near $1.06 per $100 and 9083 near $1.00–$1.03; Massachusetts bureau rates vary. Approximate, industry tier.
- Market
- Massachusetts has no state fund; coverage is written through competitive private insurers with a WCRIBMA-administered assigned-risk pool serving as the market of last resort.
Is workers’ comp required for a restaurant in Massachusetts?
Massachusetts requires workers' compensation once you reach Any employer with one or more employees must carry coverage, regardless of hours worked or number of employees — from the first employee. Domestic workers are the narrow exception, requiring coverage only at 16+ hours per week.. Sole proprietors of an unincorporated business, partners of an LLP, and members of an LLC need not cover themselves (but must cover non-owner employees). Corporate officers owning at least 25% of the company may request exemption. Domestic servants working under 16 hours per week are excluded.
What restaurant workers’ comp costs in Massachusetts
The restaurant class-code rate in Massachusetts is Rated by the Workers' Compensation Rating & Inspection Bureau of Massachusetts (WCRIBMA), not NCCI. Full-service restaurants use 9082, fast food uses 9083. Industry studies place the national 9082 average near $1.06 per $100 and 9083 near $1.00–$1.03; Massachusetts bureau rates vary. 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. Massachusetts has no state fund; coverage is written through competitive private insurers with a WCRIBMA-administered assigned-risk pool serving as the market of last resort.
What owners in Massachusetts miss
- The Department of Industrial Accidents' Office of Investigations can issue a Stop Work Order against an uninsured restaurant, forcing it to close until coverage is proven and fines are paid.
- Civil penalties run at $100 per day (including weekends and holidays) from the date the Stop Work Order issues, rising to up to $250 per day if the employer appeals and stays open pending appeal.
- Failure to secure coverage under M.G.L. c. 152 § 25A can carry criminal penalties of a fine up to $1,500 and/or up to one year imprisonment, in addition to the civil Stop Work Order and daily fines.
- Massachusetts is a WCRIBMA independent-bureau state and uniquely sets a 16-hour weekly threshold for domestic workers — an exception that does not help restaurant staffing, since restaurant employees are covered from hour one.
Sources
- Commonwealth of Massachusetts (Mass.gov): Workers' Compensation Insurance Requirementsprimaryretrieved 2026-07-27
- Commonwealth of Massachusetts (Mass.gov): 452 CMR 8.00: Office of Investigationsprimaryretrieved 2026-07-27
- Workers' Compensation Rating & Inspection Bureau of Massachusetts: Massachusetts Workers' Compensation Assigned Risk Pool Proceduresindustryretrieved 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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