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Restaurant Workers' Comp in Virginia

What Virginia 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. Virginia requires workers' compensation insurance once a business regularly employs more than two employees—three or more—including part-time, seasonal, and temporary workers. Subcontractors' employees count toward the total, and there are no waivers or exemption forms, even for sole proprietors. For those required to carry it, coverage is mandatory with no exceptions.

Required?
Yes
Kicks in at
More than two (i.e., 3 or more) employees regularly employed, part-time or full-time.
Restaurant rate
NCCI 9082 (Restaurant NOC / full-service) ~$0.70–$1.10 per $100 payroll and 9083 (fast food) ~$0.65–$1.00 per $100; Virginia is among the lower-cost states nationally (industry national averages ~$1.06 for 9082, ~$1.03 for 9083). Approximate, industry tier.
Market
Competitive private insurance market with no state fund; employers buy from private carriers or qualify as self-insured.

Is workers’ comp required for a restaurant in Virginia?

Virginia requires workers' compensation once you reach More than two (i.e., 3 or more) employees regularly employed, part-time or full-time.. Virginia provides no waiver or exemption form; sole proprietors have no exemption, and corporate officers and LLC managers are covered as employees even if not drawing a regular salary. LLC members and family members are counted when they perform work, and independent-contractor labeling is disregarded in favor of the actual work relationship.

What restaurant workers’ comp costs in Virginia

The restaurant class-code rate in Virginia is NCCI 9082 (Restaurant NOC / full-service) ~$0.70–$1.10 per $100 payroll and 9083 (fast food) ~$0.65–$1.00 per $100; Virginia is among the lower-cost states nationally (industry national averages ~$1.06 for 9082, ~$1.03 for 9083). 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 insurance market with no state fund; employers buy from private carriers or qualify as self-insured.

What owners in Virginia miss

  • Virginia phrases its trigger as "more than two" employees, meaning three or more, and counts part-time, seasonal, temporary workers, minors, and working family members toward the total.
  • When a business hires subcontractors to perform its same trade or fulfill its contracts, the subcontractors' employees are added to the count, so a small restaurant using outside labor can cross the threshold.
  • Unlike many states, Virginia offers no waiver or exemption form even for sole proprietors, and for employers required to carry coverage it is mandatory with no exceptions.
  • Corporate officers and LLC managers are treated as covered employees even if they are not performing regular work or earning a regular salary.

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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