Restaurant Workers' Comp in Mississippi
What Mississippi 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, in most cases. Mississippi requires workers' compensation insurance for restaurants that regularly employ five or more workers, counting full-time, part-time, seasonal, and temporary staff. Restaurants with four or fewer employees are exempt but may elect coverage voluntarily. Domestic and farm labor are excluded, and 15-percent-plus corporate owners can opt out of the count.
- Required?
- Yes
- Kicks in at
- 5 or more regularly employed workers (full-time, part-time, seasonal, and temporary all count); obligation attaches on the fifth hire. 4 or fewer are not mandated.
- Restaurant rate
- NCCI 9082 (restaurant/table service) approx. $1.10–$2.00 per $100 payroll; 9083 (fast food/limited service) approx. $1.30–$2.30. Low-to-moderate hazard tier. Approximate, industry tier.
- Market
- Competitive private market with no state fund; coverage is written by private insurers, and an assigned-risk plan backstops hard-to-place employers.
Is workers’ comp required for a restaurant in Mississippi?
Mississippi requires workers' compensation once you reach 5 or more regularly employed workers (full-time, part-time, seasonal, and temporary all count); obligation attaches on the fifth hire. 4 or fewer are not mandated.. Employers with fewer than five employees are exempt (may cover voluntarily). Domestic and farm labor, and workers of non-profit fraternal, charitable, religious, or cultural organizations are excluded unless coverage is elected. An employee owning 15% or more of a corporation's stock may be excluded by written election and is then removed from the five-employee count.
What restaurant workers’ comp costs in Mississippi
The restaurant class-code rate in Mississippi is NCCI 9082 (restaurant/table service) approx. $1.10–$2.00 per $100 payroll; 9083 (fast food/limited service) approx. $1.30–$2.30. Low-to-moderate hazard tier. 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 state fund; coverage is written by private insurers, and an assigned-risk plan backstops hard-to-place employers.
What owners in Mississippi miss
- Mississippi's 5-employee threshold is unusually high, so small cafes, food trucks, and family diners with four or fewer staff are legally exempt from carrying coverage.
- The count includes part-time, seasonal, and temporary workers, not just full-timers.
- A corporate owner holding 15% or more of stock can elect out in writing and is then subtracted from the headcount, which can drop a marginal restaurant below the five-employee trigger.
- Covered employers must post a Notice of Coverage in a conspicuous place.
Sources
- Mississippi Workers' Compensation Commission: Mississippi Workers' Compensation Factsprimaryretrieved 2026-07-27
- The Mississippi Bar: Workers' Compensation Lawsprimaryretrieved 2026-07-27
- Insureon: Mississippi 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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