Class 9082 · Restaurants

Florida Restaurant Workers' Comp Insurance

Florida restaurants reach the 4-employee requirement quickly once part-time servers and kitchen staff are counted. Compare carriers for restaurants, bars and cafés, get the 2026 class 9082 rate, and pay as you go with your actual payroll.

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Workers' Compensation for Florida Restaurants & Food Service

Last updated · Sources: Florida Office of Insurance Regulation, NCCI, and the Florida Division of Workers' Compensation

Florida restaurant workers' comp: quick facts for 2026

  • Coverage is required for non-construction employers with 4+ employees, full or part time.
  • The main class code is 9082 (Restaurant / Food Service), rated at $1.16 per $100 of payroll for 2026.
  • Florida base rates are the same for every carrier and every city. Premium = (payroll ÷ $100) × rate × experience mod + a $160 expense constant.
  • Example: A full-service restaurant with $400,000 in payroll (class 9082, $1.16 per $100) pays about $4,800 a year at a 1.0 experience mod.
  • Average Florida rates decreased 6.9% on January 1, 2026, and a Drug-Free Workplace program earns a 5% credit.

Restaurants are one of Florida's largest employer groups, from Miami and Orlando's tourist districts to small-town diners. Class 9082 covers most full-service restaurants at $1.16 per $100 of payroll in 2026. Fast-food restaurants have their own code, 9083.

Kitchen burns, knife cuts, slips on wet floors and lifting injuries are the most common claims. Because restaurant payroll is high relative to revenue, even a moderate rate adds up for a busy location.

Most restaurants hit Florida's 4-employee threshold right away. Part-time servers, bussers and dishwashers count the same as full-time staff.

What to Know About Restaurant Workers' Comp in Florida

  • Part-time staff count. Florida's 4-employee threshold for non-construction businesses counts part-time employees. Most restaurants need coverage from opening day.
  • Tips and payroll. Under NCCI payroll rules, tips and gratuities employees receive are generally excluded from rated payroll. Wages the restaurant pays, including the tipped minimum wage, are included.
  • Fast food vs. full service. Fast-food (9083) and full-service (9082) restaurants have different codes. The right one depends on how the restaurant operates, not its name.
  • Delivery drivers. Employees who deliver food are generally included in the restaurant class. Third-party app drivers aren't your employees.

2026 Florida Class Codes and Rates for Restaurants & Food Service

These are the NCCI class codes most often used for restaurants & food service in Florida. Rates shown are 2026 Florida manual rates per $100 of payroll and apply statewide. "Quoted" means the rate for that code is provided with your quote. The right code depends on the work each employee actually does.

NCCI CodeClassificationRate per $100Premium on $100K payroll*
9082Restaurant / Food Service$1.16$1,320
9083Restaurant — Fast FoodQuotedVaries
8810Clerical / Office Employees$0.17$330

* Includes the $160 expense constant, at a 1.0 experience mod, before Drug-Free Workplace (5%) or other credits. See the full Florida rate table.

Example: Florida full-service restaurant
Class 9082 (Restaurant) at $1.16 per $100 of payroll, $400,000 annual payroll, 1.0 experience mod:
($400,000 ÷ $100) × $1.16 = $4,640 + $160 expense constant = $4,800 per year

Who Needs Restaurant Workers' Comp in Florida?

Yes, once the business has 4 or more employees, counting full-time and part-time workers. This industry is non-construction under Florida's workers' compensation law (Chapter 440). Eligible corporate officers can elect exemption, but exemptions don't cover employees.

For 2026, included officers are rated on a minimum payroll of $33,800 each for construction businesses and $67,600 each for non-construction businesses. Operating without required coverage can lead to a Stop-Work Order and penalties based on the premium you should have paid.

How to Lower Restaurant Workers' Comp Costs in Florida

Restaurants save by reporting payroll accurately (excluding tips where rules allow), using Pay As You Go billing for seasonal tourist swings, earning the 5% Drug-Free Workplace credit, and preventing slip and burn injuries with non-slip mats and kitchen training. Because every Florida carrier starts from the same manual rates, a specialist who knows your industry can make a real difference in how your policy is classified, credited and audited.

Restaurants & Food Service Workers' Comp Questions

Florida uses the same NCCI base rates for every carrier. Premium is (annual payroll ÷ $100) × class code rate × experience mod, plus a $160 expense constant. For example, a full-service restaurant with $400,000 in payroll (class 9082, $1.16 per $100) pays about $4,800 a year at a 1.0 experience mod, before credits such as the 5% Drug-Free Workplace credit. 2026 Florida rates decreased 6.9% on average.

Yes, once the business has 4 or more employees, counting full-time and part-time workers. This industry is non-construction under Florida's workers' compensation law (Chapter 440). Eligible corporate officers can elect exemption, but exemptions don't cover employees.

Most full-service restaurants are class 9082, rated at $1.16 per $100 of payroll for 2026. A restaurant with $400,000 in payroll would pay about $4,800 a year at a 1.0 experience mod, including the $160 expense constant.

Generally no. Under NCCI payroll rules used in Florida, tips and gratuities that employees receive from customers are excluded from the payroll used to calculate premium. Wages paid by the restaurant, including tipped minimum wage, are included.

The Florida Division of Workers' Compensation can issue a Stop-Work Order that shuts down the business until coverage is obtained and a penalty is paid. The penalty is generally twice the premium the employer would have paid over the prior two years, with a $1,000 minimum, and working in violation of a Stop-Work Order adds further daily penalties. Uninsured employers can also be sued directly by injured workers.

Florida City Guides for Restaurant Businesses

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