Restaurant Workers' Comp in North Dakota
What North Dakota 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. North Dakota mandates workers' compensation for every employer the moment it hires its first employee, full-time, part-time, seasonal, or occasional. Coverage cannot be bought from a private carrier; North Dakota is a monopolistic state-fund state, so you must insure through Workforce Safety & Insurance (WSI). Owners, partners, and corporate officers are exempt but may elect coverage.
- Required?
- Yes
- Kicks in at
- One or more employees (full-time, part-time, seasonal, or occasional). WSI advises opening an account before hiring your first worker.
- Restaurant rate
- North Dakota does not use NCCI. WSI sets its own classification rates per $100 of payroll (premium = rate × experience-modification factor × payroll/$100). Restaurant/food-service classes are relatively low-hazard; approximately $1–$2 per $100 of payroll (WSI does not publish a public restaurant rate table). Approximate, industry tier.
- Market
- North Dakota is a MONOPOLISTIC state fund: workers' compensation is sold exclusively by Workforce Safety & Insurance (WSI), and state law does not allow private insurers to write it.
Is workers’ comp required for a restaurant in North Dakota?
North Dakota requires workers' compensation once you reach One or more employees (full-time, part-time, seasonal, or occasional). WSI advises opening an account before hiring your first worker.. An owner, partner, corporate officer, spouse, and the employer's children under age 22 are excluded from mandatory coverage but may buy voluntary "Elective Coverage." There is no classification-based exemption — all covered employees must be insured regardless of industry.
What restaurant workers’ comp costs in North Dakota
The restaurant class-code rate in North Dakota is North Dakota does not use NCCI. WSI sets its own classification rates per $100 of payroll (premium = rate × experience-modification factor × payroll/$100). Restaurant/food-service classes are relatively low-hazard; approximately $1–$2 per $100 of payroll (WSI does not publish a public restaurant rate table). 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. North Dakota is a MONOPOLISTIC state fund: workers' compensation is sold exclusively by Workforce Safety & Insurance (WSI), and state law does not allow private insurers to write it.
What owners in North Dakota miss
- A national carrier's workers' comp policy will NOT cover North Dakota exposures — you must open a WSI account and pay WSI directly; buying elsewhere leaves you uninsured under state law.
- Because private carriers can't write WC here, you generally add stop-gap employers-liability coverage to your commercial general liability policy to cover suits WSI's no-fault benefits don't bar.
- Failure to carry WSI coverage exposes an employer to a penalty of up to $10,000 plus roughly $100 per day, and personal liability for injury costs.
- WSI premium is experience-rated and can be reduced through safety and return-to-work programs.
Sources
- State of North Dakota (ND.gov): Workforce Safety and Insurance FAQprimaryretrieved 2026-07-27
- North Dakota Workforce Safety & Insurance: Premium Information / Reducing Your Premiumprimaryretrieved 2026-07-27
- Insureon: North Dakota 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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