Restaurant Workers' Comp in Missouri
What Missouri 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, if the restaurant has five or more employees; non-construction Missouri employers become mandatory only at that fifth worker, so small cafes with four or fewer are exempt. Construction businesses need coverage at one employee, but that rarely applies to restaurants. Farm labor, domestic servants, and certain others are excluded. Owners and officers may opt out.
- Required?
- Yes
- Kicks in at
- Five or more employees (5+) for non-construction employers, including restaurants. Construction-industry employers must carry coverage at one or more employees (1+). A restaurant with four or fewer employees is not required to insure but may elect coverage.
- Restaurant rate
- NCCI class 9082 (Restaurant NOC) / 9083 (fast food). Missouri is a moderate-cost state; restaurant rates run roughly $0.90–$1.50 per $100 of payroll, near the national averages of about $1.06 (9082) and $1.03 (9083). Approximate, industry tier.
- Market
- Missouri has a fully competitive private market with no state fund; coverage is bought from private insurers, with an assigned-risk pool for employers unable to obtain voluntary coverage.
Is workers’ comp required for a restaurant in Missouri?
Missouri requires workers' compensation once you reach Five or more employees (5+) for non-construction employers, including restaurants. Construction-industry employers must carry coverage at one or more employees (1+). A restaurant with four or fewer employees is not required to insure but may elect coverage.. Statutory exemptions are narrow: farm laborers, domestic servants in a private home, certain licensed real estate agents/direct sellers, and qualifying commercial motor-carrier owner-operators. Sole proprietors and partners are not covered unless they elect in; LLC members and close family members are presumed covered unless they opt out; corporate officers fall within the employee definition.
What restaurant workers’ comp costs in Missouri
The restaurant class-code rate in Missouri is NCCI class 9082 (Restaurant NOC) / 9083 (fast food). Missouri is a moderate-cost state; restaurant rates run roughly $0.90–$1.50 per $100 of payroll, near the national averages of about $1.06 (9082) and $1.03 (9083). 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. Missouri has a fully competitive private market with no state fund; coverage is bought from private insurers, with an assigned-risk pool for employers unable to obtain voluntary coverage.
What owners in Missouri miss
- The five-employee threshold for non-construction employers means many small cafes and family restaurants with four or fewer workers are legally exempt — a higher bar than most states' one-, three-, or four-employee triggers.
- The construction one-employee rule almost never affects restaurants but is a sharp exception: any Missouri business that erects, demolishes, alters, or repairs structures needs coverage at its very first employee.
- Missouri's exempt categories are deliberately narrow — restaurant kitchen, wait, and service staff are all covered once the five-employee threshold is met; there is no casual-employee or low-payroll dollar exemption like South Carolina's.
- LLC members and working family members are presumed covered unless they affirmatively opt out, so a family-run Missouri restaurant that assumes relatives are excluded may still owe premium on them.
Sources
- Missouri Department of Labor and Industrial Relations: Who is required to carry workers' compensation insurance coverage?primaryretrieved 2026-07-27
- Missouri Department of Labor and Industrial Relations: Does an employer have to carry workers’ compensation insurance? (exemptions)primaryretrieved 2026-07-27
- Missouri Department of Labor and Industrial Relations: Workers' Compensation Insurance — Employersprimaryretrieved 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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