Restaurant Workers' Comp in New Jersey
What New Jersey 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 Jersey requires every employer not covered by federal programs—including corporations, partnerships, LLCs, and sole proprietorships—to carry workers' compensation or approved self-insurance once any one person performs services for compensation. A restaurant with even a single employee must be covered. Failure to insure is a disorderly-persons offense, and willful failure a fourth-degree crime.
- Required?
- Yes
- Kicks in at
- Any employee (1+). All NJ employers not covered by federal programs must carry coverage so long as one or more individuals perform services for financial consideration; there is no numeric minimum.
- Restaurant rate
- New Jersey is an independent-bureau state (NJCRIB) and classifies restaurants under NJ class code 9079 (Restaurant), with a filed manual rate of roughly $2.13 per $100 of payroll — well above the national NCCI 9082/9083 restaurant averages of about $1.03–$1.06 per $100. Approximate, industry tier.
- Market
- Competitive private market only — coverage is bought from 400+ licensed private insurers or via self-insurance approved by the Department of Banking and Insurance; New Jersey has no state fund.
Is workers’ comp required for a restaurant in New Jersey?
New Jersey requires workers' compensation once you reach Any employee (1+). All NJ employers not covered by federal programs must carry coverage so long as one or more individuals perform services for financial consideration; there is no numeric minimum.. Sole proprietors, partners, and LLC members are exempt only as to themselves and must cover any non-owner employees. Corporate officers are NOT exempt — coverage is required even if the only workers are officers. Certain domestic and casual employments have limited treatment, and federal-program employees are excluded.
What restaurant workers’ comp costs in New Jersey
The restaurant class-code rate in New Jersey is New Jersey is an independent-bureau state (NJCRIB) and classifies restaurants under NJ class code 9079 (Restaurant), with a filed manual rate of roughly $2.13 per $100 of payroll — well above the national NCCI 9082/9083 restaurant averages of about $1.03–$1.06 per $100. 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 only — coverage is bought from 400+ licensed private insurers or via self-insurance approved by the Department of Banking and Insurance; New Jersey has no state fund.
What owners in New Jersey miss
- Failing to insure is a disorderly-persons offense, and if the failure is willful it becomes a fourth-degree crime, exposing owners and officers to criminal liability.
- Civil penalties for non-compliance can reach up to $5,000 for the first ten days and up to $5,000 for each additional ten-day period uninsured, on top of direct liability for all medical and disability benefits.
- Coverage is triggered even when a corporation's only workers are its own corporate officers, because officers are treated as employees who must be covered.
- New Jersey sets its own restaurant classification (9079) rather than using the NCCI 9082/9083 codes, and rates are filed through the New Jersey Compensation Rating and Inspection Bureau (NJCRIB).
Sources
- New Jersey Department of Labor and Workforce Development: Workers' Compensation — Requirements for Employersprimaryretrieved 2026-07-27
- State of New Jersey (N.J.S.A. Title 34): New Jersey Revised Statutes Title 34 — Labor and Workmen's Compensationprimaryretrieved 2026-07-27
- New Jersey Compensation Rating and Inspection Bureau (NJCRIB): NJ WC Rate & Classification — Rate Comparison of Top Classesindustryretrieved 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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