Restaurant Workers' Comp in Maine
What Maine 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. Maine mandates workers' compensation for any restaurant with one or more employees, including part-time and seasonal staff, from the first hire. Sole proprietors and partners may opt out for themselves, and owners of at least twenty percent of corporate stock may waive coverage in writing. Enforcement is strict, with substantial fines for uninsured employers.
- Required?
- Yes
- Kicks in at
- Any employee (1+), including part-time, temporary, and seasonal workers; no payroll or headcount minimum.
- Restaurant rate
- NCCI 9082 (Restaurant NOC) / 9083 (fast food) approx. $1.00–$1.80 per $100 payroll; low-hazard hospitality tier (rates run somewhat higher than Midwest states). Approximate, industry tier.
- Market
- Competitive private market, no monopolistic state fund; MEMIC (a private mutual formerly the state fund) is the dominant carrier and the assigned-risk servicing insurer.
Is workers’ comp required for a restaurant in Maine?
Maine requires workers' compensation once you reach Any employee (1+), including part-time, temporary, and seasonal workers; no payroll or headcount minimum.. Sole proprietors and partners are not required to cover themselves but may elect coverage. A bona fide owner of 20%+ of a corporation's voting stock (and the parent, spouse, or child of a sole proprietor/partner/20% owner) may waive benefits in writing. Domestic workers in a private home and small agricultural/aquacultural operations are exempt.
What restaurant workers’ comp costs in Maine
The restaurant class-code rate in Maine is NCCI 9082 (Restaurant NOC) / 9083 (fast food) approx. $1.00–$1.80 per $100 payroll; low-hazard hospitality tier (rates run somewhat higher than Midwest states). 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, no monopolistic state fund; MEMIC (a private mutual formerly the state fund) is the dominant carrier and the assigned-risk servicing insurer.
What owners in Maine miss
- Maine's corporate-officer exemption is comparatively strict: only a bona fide 20%+ voting-stock owner (or a close family member of an owner) can waive, and the waiver must be in writing.
- Maine's Workers' Compensation Board offers a predetermination process to resolve independent-contractor status before a dispute, reflecting aggressive scrutiny of misclassification.
- The state enforces coverage vigorously, and uninsured employers face significant penalties.
- MEMIC, though now private, still writes the bulk of Maine restaurant policies.
Sources
- Maine Bureau of Insurance (Dept. of Professional & Financial Regulation): An Employer's Guide to Workers' Compensation Insurance in Maineprimaryretrieved 2026-07-27
- Insureon: Maine Workers' Compensation Insurance for Small Businessindustryretrieved 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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