Restaurant Insurance Authority

Restaurant Workers' Comp in Pennsylvania

What Pennsylvania 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. Pennsylvania requires nearly every private employer to carry workers' compensation from the first employee, whether full-time, part-time, or seasonal, so almost any restaurant with staff must be covered. Only owners like sole proprietors, partners, and LLC members are exempt. Intentional noncompliance is a criminal offense carrying fines and possible imprisonment.

Required?
Yes
Kicks in at
Any employee / 1 or more — coverage is required for any employer with at least one employee who could be injured in Pennsylvania, regardless of full-time, part-time, or seasonal status.
Restaurant rate
Pennsylvania uses PCRB (not NCCI) class codes; restaurants fall under PCRB code 494. Loss costs are filed by the PCRB per $100 of payroll and then modified by the carrier's loss-cost multiplier, so the restaurant rate lands roughly $1.50–$2.50 per $100 of payroll depending on carrier and experience mod. Approximate, industry tier — the exact code-494 loss cost is in the PCRB rating-values filing.
Market
Pennsylvania has a competitive state fund, the State Workers' Insurance Fund (SWIF), which operates as both insurer of last resort and a voluntary-market carrier alongside private insurers and approved self-insurance.

Is workers’ comp required for a restaurant in Pennsylvania?

Pennsylvania requires workers' compensation once you reach Any employee / 1 or more — coverage is required for any employer with at least one employee who could be injured in Pennsylvania, regardless of full-time, part-time, or seasonal status.. Sole proprietors and general partners with no other employees, and LLCs whose only workers are members of the LLC, are excluded; executive officers can obtain an exclusion from the Department of Labor & Industry based on ownership interest. Other excluded classes include federal, railroad, casual, domestic, and certain low-earning agricultural workers.

What restaurant workers’ comp costs in Pennsylvania

The restaurant class-code rate in Pennsylvania is Pennsylvania uses PCRB (not NCCI) class codes; restaurants fall under PCRB code 494. Loss costs are filed by the PCRB per $100 of payroll and then modified by the carrier's loss-cost multiplier, so the restaurant rate lands roughly $1.50–$2.50 per $100 of payroll depending on carrier and experience mod. Approximate, industry tier — the exact code-494 loss cost is in the PCRB rating-values filing.. 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. Pennsylvania has a competitive state fund, the State Workers' Insurance Fund (SWIF), which operates as both insurer of last resort and a voluntary-market carrier alongside private insurers and approved self-insurance.

What owners in Pennsylvania miss

  • Pennsylvania is one of the few states that does NOT use NCCI classifications — rates are set by the Pennsylvania Compensation Rating Bureau (PCRB) with its own class codes (restaurants under code 494), so codes and rates differ from most other states.
  • Intentional failure to carry coverage is a criminal offense: a misdemeanor carrying up to a $2,500 fine and one year imprisonment for each day of violation, escalating to a felony with up to a $15,000 fine and seven years imprisonment for each day of intentional violation.
  • An uninsured employer whose worker is injured can be forced to reimburse benefits paid from the state's Uninsured Employers Guaranty Fund, plus penalties and attorney fees.
  • SWIF functions as a true competitive state fund, so a high-risk or newly established restaurant that private carriers decline can still obtain guaranteed coverage.

Sources

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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