Restaurant Workers' Comp in Wyoming
What Wyoming 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. Wyoming requires workers' compensation for restaurants because food service (NAICS sector 72) is statutorily enumerated as extrahazardous covered employment, so every paid restaurant employee must be insured. Wyoming is a monopolistic state fund; coverage is sold only through the Department of Workforce Services, not private carriers. Sole proprietors, partners, LLC members, and corporate officers are exempt unless they elect coverage.
- Required?
- Yes
- Kicks in at
- One or more employees performing enumerated extrahazardous work. Because food services (NAICS sector 72) is listed in W.S. 27-14-108(a) as extrahazardous, a restaurant must cover all paid employees from the first one.
- Restaurant rate
- Wyoming does not use NCCI. The Workers' Compensation Division sets employer industry base rates by NAICS classification per $100 of payroll. Accommodation/food services (sector 72) is a lower-hazard class; approximately $1–$2 per $100 of payroll. For 2026 the Governor approved an overall 15% base-rate decrease. Approximate, industry tier.
- Market
- Wyoming is a MONOPOLISTIC state fund: for covered (extrahazardous) employment, workers' compensation is provided solely by the state through the Department of Workforce Services, Workers' Compensation Division, and private carriers cannot write it.
Is workers’ comp required for a restaurant in Wyoming?
Wyoming requires workers' compensation once you reach One or more employees performing enumerated extrahazardous work. Because food services (NAICS sector 72) is listed in W.S. 27-14-108(a) as extrahazardous, a restaurant must cover all paid employees from the first one.. Sole proprietors, business partners, LLC members, and corporate officers are not automatically covered and are exempt unless they file a written Affidavit of Coverage to elect in (electives must stay in for at least eight calendar quarters). Coverage is mandatory only for NAICS codes enumerated as extrahazardous — but restaurants (sector 72) ARE enumerated, so restaurant employee coverage is mandatory.
What restaurant workers’ comp costs in Wyoming
The restaurant class-code rate in Wyoming is Wyoming does not use NCCI. The Workers' Compensation Division sets employer industry base rates by NAICS classification per $100 of payroll. Accommodation/food services (sector 72) is a lower-hazard class; approximately $1–$2 per $100 of payroll. For 2026 the Governor approved an overall 15% base-rate decrease. 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. Wyoming is a MONOPOLISTIC state fund: for covered (extrahazardous) employment, workers' compensation is provided solely by the state through the Department of Workforce Services, Workers' Compensation Division, and private carriers cannot write it.
What owners in Wyoming miss
- Wyoming's mandate is classification-based, not headcount-based: W.S. 27-14-108(a)(Q) explicitly lists "Accommodation and food services, sector 72" as extrahazardous, which is why restaurant coverage is compulsory rather than elective.
- A private/national workers' comp policy will NOT satisfy Wyoming for restaurant employees — you must register and pay premium to the state Division.
- Wyoming also lets employers voluntarily extend state-fund coverage to otherwise-optional workers, but the election is all-or-nothing and carries a two-year minimum before withdrawal.
- Because it's a monopolistic fund, restaurants typically add stop-gap employers-liability coverage to their commercial general liability policy for the liability gaps the state no-fault system leaves.
Sources
- Wyoming Legislature (Wyoming Statutes): W.S. § 27-14-108 — Extrahazardous industries; enumeration; optional coverageprimaryretrieved 2026-07-27
- Wyoming Department of Workforce Services: Wage Reporting & Coverage — Workers' Compensation Employersprimaryretrieved 2026-07-27
- Wyoming Department of Workforce Services: Proposed 2026 Workers' Compensation Employer Industry Base Ratesprimaryretrieved 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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