Restaurants & Food Service workers compensation in California
Restaurants & Food Service businesses in California pay a median rate of $2.59 per $100 of payroll, ranging from $1.91 to $2.59. The national median for Restaurants & Food Service is $0.810, so California sits 220% above the national average. 4 unique NCCI class codes are filed in this state for Restaurants & Food Service occupations. Verified 2026-05-09.
Top Restaurants & Food Service class codes in California
The class codes most likely to apply to a Restaurants & Food Service operation in California, sorted from cheapest to most expensive per $100 of payroll. Click into any code for the full state-by-state rate comparison.
| Code | Occupation | Rate per $100 | Confidence |
|---|---|---|---|
| 9043 | Fast Food Restaurant | $1.91 | HIGH |
| 9080 | Restaurant, Not Fast Food | $2.59 | HIGH |
| 9081 | Restaurant, With Entertainment | $2.59 | HIGH |
| 9082 | Restaurant, fast food | $2.59 | HIGH |
California compliance for Restaurants & Food Service employers
Coverage threshold
Employers with one or more employees must carry workers' compensation insurance.
1099 vs W-2 in Restaurants & Food Service
California's AB 5 (ABC test) makes it difficult to classify workers as independent contractors (1099); misclassification can lead to significant penalties and workers' compensation liability.
Owner exclusion
Allowed in California. Sole proprietor self-coverage optional; LLC member self-coverage optional.
Max weekly benefit
$1,764 at 66.67% of average weekly wage, effective 2026-01-01.
Statute of limitations
1 year from injury date in California.
Audit window
California carriers audit payroll within 90 days of policy expiration. Keep Restaurants & Food Service payroll segregated by class code and have job-duty documentation ready.
Cross-cite: full California workers comp overview · Restaurants & Food Service cross-state rate comparison · California workers comp lawyer guide · California settlement chart
Estimate your Restaurants & Food Service premium in California
Pre-filled to Restaurants & Food Service and California. Adjust payroll to see a real premium range from filed rates.
Estimate your workers comp premium
Pick your industry, state, and annual payroll. Range comes from real rate filings.
Estimated annual premium for Restaurants & Food Service in California
$9,550to$12,950
Median: $12,950 · Rate range $1.91 to $2.59 per $100 payroll
Industry median across all states
$4,050
Cheapest states for Restaurants & Food Service
- Tennessee $0.360
- Kentucky $0.410
- Maryland $0.430
Most expensive
- New Jersey $2.94
- California $2.59
- New York $2.13
Estimate based on 21 states of rate-filing data. Actual premium also reflects experience modifier, schedule credits, and carrier underwriting.
Filing checklist for Restaurants & Food Service businesses in California
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Step 1, Confirm coverage threshold
Employers with one or more employees must carry workers' compensation insurance. For Restaurants & Food Service operations, this typically applies once you make a first W-2 hire, even part-time.
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Step 2, Pick the right class code
Restaurants & Food Service businesses typically use codes like 9082, 9044, 9078. The wrong code can cost 4 to 10x more or get reclassified at audit. In California, the cheapest code on this list is 9043 at $1.91 and the most expensive is 9082 at $2.59.
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Step 3, Get a quote
State Compensation Insurance Fund is one option in California; private carriers (Travelers, Hartford, Liberty Mutual, AmTrust) also write coverage. Schedule credits up to 25% are typical for low-loss accounts.
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Step 4, Document subcontractors
General contractors are responsible for ensuring subcontractors carry workers' compensation insurance; otherwise, the general contractor may be liable for injuries to the subcontractor's employees. Restaurants & Food Service operators with crews of 1099s should keep certificates of insurance for every sub, otherwise the GC absorbs the sub liability at audit.
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Step 5, Annual audit
Carriers audit payroll within 90 days of policy expiration. Have payroll segregated by class code, job descriptions on file, and overtime properly excluded from rated payroll. Restaurants & Food Service class allocation can shift if any worker spends more than 50% of time on a different code.
Restaurants & Food Service workers comp FAQs in California
What is the typical workers comp rate for Restaurants & Food Service in California?
Restaurants & Food Service employers in California pay a median rate of $2.59 per $100 of payroll, with rates ranging from $1.91 to $2.59 depending on the specific class code. The national median across all states for Restaurants & Food Service is $0.810, so California sits about 220% above the national average.
How many Restaurants & Food Service class codes are filed in California?
California has 4 unique NCCI class codes filed for Restaurants & Food Service occupations, drawn from 4 state-class code rate cells in our dataset. The most common codes include 9082 (Restaurant, fast food), 9044 (Restaurant Operations), 9078 (Restaurant, Fast Food).
Are Restaurants & Food Service 1099 contractors covered by workers comp in California?
California's AB 5 (ABC test) makes it difficult to classify workers as independent contractors (1099); misclassification can lead to significant penalties and workers' compensation liability.
What is the maximum weekly benefit for an injured Restaurants & Food Service worker in California?
California caps weekly workers comp benefits at $1,764 (effective 2026-01-01), calculated as 66.67% of the average weekly wage. Restaurants & Food Service workers are subject to the same statutory cap as workers in any other industry.
How long does a Restaurants & Food Service worker have to file a comp claim in California?
The statute of limitations in California is 1 year from the date of injury. Most claims also require notice to the employer within 30 days. Restaurants & Food Service workers should report any incident on the date it happens, even minor strains, because cumulative trauma claims can fail without contemporaneous documentation.
Can a Restaurants & Food Service business owner exclude themselves from comp coverage in California?
Yes, California allows business owners (sole proprietors, partners, LLC members, corporate officers) to file an exclusion election. Restaurants & Food Service owner-operators often elect out to keep premium below the minimum. Sole-proprietor self-coverage is not required, and LLC member self-coverage is not required.