How much is restaurant workers' comp in Texas?

In Texas, the restaurant class-code rate is ~$1.00–$1.10 per $100 payroll nationally for NCCI 9082 (full-service restaurant, ~$1.06 avg) and 9083 (fast food, ~$1.03 avg); Texas is an open-competition state, so carriers set their own rates and Texas manual rates for 9082 have been quoted materially higher (around $3 per $100). Approximate, industry tier.. Premium is that rate times your payroll (per $100), adjusted by your experience modifier. Competitive private market with no state fund; coverage is voluntary, and Texas Mutual Insurance Company acts as the guaranteed-issue insurer of last resort for employers who do choose to subscribe.

Restaurant Workers' Comp in Texas

What Texas 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 July 26, 2026.

No. Texas is the only state where private employers, including restaurants, may legally decline workers' compensation coverage and operate as non-subscribers. However, non-subscribers must file annual notices with the Division of Workers' Compensation, post employee notices, report injuries, and forfeit common-law defenses—exposing them to direct negligence lawsuits with no damage caps.

Required?: Not for private employers
Kicks in at: No threshold triggers a mandate — workers' comp is optional for essentially all private employers regardless of headcount. An employer that opts in ("subscriber") buys coverage; one that opts out ("non-subscriber") must file an annual DWC Form-005 notice with the Division of Workers' Compensation, notify employees in writing, and (with five or more non-exempt employees) report injuries on DWC Form-007. Government employers and building/construction contractors on public projects must still carry coverage.
Restaurant rate: ~$1.00–$1.10 per $100 payroll nationally for NCCI 9082 (full-service restaurant, ~$1.06 avg) and 9083 (fast food, ~$1.03 avg); Texas is an open-competition state, so carriers set their own rates and Texas manual rates for 9082 have been quoted materially higher (around $3 per $100). Approximate, industry tier.
Market: Competitive private market with no state fund; coverage is voluntary, and Texas Mutual Insurance Company acts as the guaranteed-issue insurer of last resort for employers who do choose to subscribe.

Is workers’ comp required for a restaurant in Texas?

Texas does not require private employers to carry workers' compensation, though opting out carries real legal risk. Because coverage is elective, entity-type exemptions are largely moot, but sole proprietors, partners, and corporate officers can also individually elect not to be covered even when a policy exists. Certain domestic workers and some agricultural laborers fall outside mandatory reporting rules.

What restaurant workers’ comp costs in Texas

The restaurant class-code rate in Texas is ~$1.00–$1.10 per $100 payroll nationally for NCCI 9082 (full-service restaurant, ~$1.06 avg) and 9083 (fast food, ~$1.03 avg); Texas is an open-competition state, so carriers set their own rates and Texas manual rates for 9082 have been quoted materially higher (around $3 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 with no state fund; coverage is voluntary, and Texas Mutual Insurance Company acts as the guaranteed-issue insurer of last resort for employers who do choose to subscribe.

What owners in Texas miss

A Texas non-subscriber loses the three key common-law defenses — contributory negligence, assumption of risk, and the fellow-servant rule — so an injured restaurant worker can sue the employer directly for negligence with no statutory cap on damages.
Subscribers, by contrast, gain immunity from most employee negligence suits (the "exclusive remedy"), except where gross negligence causes a work-related death.
Non-subscribers must file an annual notice with the Division of Workers' Compensation and post and distribute written notices telling employees they are not covered; failing to notify can itself create liability.
Non-subscribing employers with five or more non-exempt employees must still report occupational injuries, illnesses, and fatalities to the DWC on Form-007.

Sources

Texas Department of Insurance: Workers' Compensation Employer FAQprimaryretrieved 2026-07-27
Texas Department of Insurance: Non-subscriber reportingprimaryretrieved 2026-07-27
WorkersCompCost.com: Workers' Comp Class Code 9082: Restaurant NOC Rates by Stateindustryretrieved 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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