Restaurant Workers' Comp in New Hampshire
What New Hampshire 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. New Hampshire requires workers' compensation for every employer with any employees—full-time, part-time, seasonal, or family—so a restaurant needs coverage from its very first hire under RSA 281-A:5. There is no minimum-employee threshold. Sole proprietors and partners may exempt themselves but can elect coverage. Penalties for going uninsured are steep.
- Required?
- Yes
- Kicks in at
- Any employee (1+); coverage required from the first full-time, part-time, seasonal, or family employee, per RSA 281-A:5.
- Restaurant rate
- NCCI class 9082 (full-service restaurant) approx. $0.90–$1.50 per $100 payroll; 9083 (limited-service/fast food) approx. $0.80–$1.30. Low-to-moderate hazard tier. Approximate, industry tier.
- Market
- Competitive private market with no state fund; hard-to-place risks obtain coverage through the NCCI-administered assigned-risk residual market.
Is workers’ comp required for a restaurant in New Hampshire?
New Hampshire requires workers' compensation once you reach Any employee (1+); coverage required from the first full-time, part-time, seasonal, or family employee, per RSA 281-A:5.. Sole proprietors, partners, and self-employed persons are not required to cover themselves but may elect coverage under RSA 281-A:3. Corporate officers and LLC members are generally covered employees unless a specific waiver applies; there is no size-based exemption, and even related family workers and nonprofit staff must be covered.
What restaurant workers’ comp costs in New Hampshire
The restaurant class-code rate in New Hampshire is NCCI class 9082 (full-service restaurant) approx. $0.90–$1.50 per $100 payroll; 9083 (limited-service/fast food) approx. $0.80–$1.30. 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; hard-to-place risks obtain coverage through the NCCI-administered assigned-risk residual market.
What owners in New Hampshire miss
- New Hampshire has one of the strictest triggers in the nation: a single employee of any kind mandates coverage, with no small-employer carve-out.
- Non-compliance carries a flat $2,500 penalty plus $100 per employee for each day uninsured.
- Family members must be covered regardless of relationship, and nonprofit organizations are not exempt.
Sources
- New Hampshire Department of Labor: Workers' Compensation Insurance FAQsprimaryretrieved 2026-07-27
- State of New Hampshire (Justia): New Hampshire Revised Statutes Chapter 281-A — Workers' Compensationprimaryretrieved 2026-07-27
- Insureon: New Hampshire 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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