Restaurant Workers' Comp in New York
What New York 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 York requires virtually every private employer, including restaurants, to carry workers' compensation once it has even one employee, whether full-time, part-time, or a working family member. Only a sole proprietor or partnership with no employees is exempt. Coverage is separate from New York's mandatory disability benefits and paid family leave insurance.
- Required?
- Yes
- Kicks in at
- Any employee — coverage is required essentially from the first worker, including part-time staff and working family members.
- Restaurant rate
- New York uses NYCIRB class codes, not NCCI 9082/9083 — code 9071 covers full-service restaurants and 9072 covers fast food/quick-service. The statewide average workers'-comp cost is roughly $1.41 per $100 of payroll, with restaurant codes commonly in the ~$1.40–$2.00 range depending on carrier and experience mod. Approximate, industry tier.
- Market
- New York has a competitive market in which the New York State Insurance Fund (NYSIF), a self-supporting government carrier, competes directly with private insurers; employers may also self-insure.
Is workers’ comp required for a restaurant in New York?
New York requires workers' compensation once you reach Any employee — coverage is required essentially from the first worker, including part-time staff and working family members.. A sole proprietor, partnership, LLC, or LLP with no employees is not required to carry coverage, and partners/LLC members are not counted as employees (they may cover themselves voluntarily). A one- or two-person corporation whose owners hold all the stock and all offices needs no coverage until it hires others or adds officers/shareholders.
What restaurant workers’ comp costs in New York
The restaurant class-code rate in New York is New York uses NYCIRB class codes, not NCCI 9082/9083 — code 9071 covers full-service restaurants and 9072 covers fast food/quick-service. The statewide average workers'-comp cost is roughly $1.41 per $100 of payroll, with restaurant codes commonly in the ~$1.40–$2.00 range depending on carrier and experience mod. 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. New York has a competitive market in which the New York State Insurance Fund (NYSIF), a self-supporting government carrier, competes directly with private insurers; employers may also self-insure.
What owners in New York miss
- New York uses its own NYCIRB classification system (e.g., 9071 full-service, 9072 fast food) rather than the NCCI codes 9082/9083 used in Florida and most other states, so the class code an owner sees will differ.
- Workers' compensation is only one of three separate mandatory coverages in New York — statutory disability benefits (DBL) and Paid Family Leave are distinct policies with their own requirements, and carrying WC alone does not satisfy them.
- A tiny closely held corporation is exempt only if one or two individuals own ALL the stock and hold ALL the offices; adding a third officer/shareholder or splitting ownership immediately triggers mandatory coverage.
- Failure to keep continuous coverage can trigger stop-work orders and civil penalties of about $2,000 for every 10-day period of noncompliance, plus possible criminal charges.
Sources
- New York State Workers' Compensation Board: Workers' Compensation Coverage Requirementsprimaryretrieved 2026-07-27
- New York State Insurance Fund (NYSIF): What Affects Premium? / About Your Billprimaryretrieved 2026-07-27
- WorkersCompCodes.com: Restaurants Workers' Comp in New York — Rates, Codes & Quotesindustryretrieved 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.
Talk to an agent who insures food & beverage every day
A licensed commercial-lines agent who specializes in restaurants and bars will review your coverage, close the gaps that catch owners, and show you what a program actually costs — before anything is bound.