MA · Restaurants & Food Service · WCRIBMA state

Restaurants & Food Service workers compensation in Massachusetts

Massachusetts uses an independent rating bureau (WCRIBMA), so class-by-class Restaurants & Food Service rates are available only via the rating bureau, not in public filings. As a national reference, Restaurants & Food Service workers comp runs a median of $0.810 per $100 of payroll, with a range of $0.360 to $4.71 across reporting states. Massachusetts caps weekly benefits at $1,922 with a 4-year statute of limitations. Verified 2026-05-09.

National median $0.810
Rate authority WCRIBMA
Max weekly benefit $1,922

Restaurants & Food Service rate context for Massachusetts

Massachusetts does not publish class-by-class loss costs publicly, but Restaurants & Food Service rates from comparable reporting states give you a useful planning range. Use the national rate range below as a baseline; your actual quote depends on payroll size, loss history, and your specific NCCI class code.

Restaurants & Food Service class code Typical occupation National median National range
9082 Restaurant, fast food $0.810 $0.360 - $4.71
9044 Restaurant Operations $0.810 $0.360 - $4.71
9078 Restaurant, Fast Food $0.810 $0.360 - $4.71
9079 Restaurant $0.810 $0.360 - $4.71
9043 Fast Food Restaurant $0.810 $0.360 - $4.71
9045 Restaurant Employees $0.810 $0.360 - $4.71
9047 Restaurant, N.O.C. $0.810 $0.360 - $4.71
9080 Restaurant, Not Fast Food $0.810 $0.360 - $4.71
9081 Restaurant, With Entertainment $0.810 $0.360 - $4.71
Why no per-state rates here? Massachusetts uses an independent rating bureau (WCRIBMA) whose loss costs are sold to subscribers and brokers. The class codes above use the same NCCI nomenclature, but your binding rate comes from your carrier's filed loss cost multiplier (LCM) applied to those base loss costs.

Massachusetts compliance for Restaurants & Food Service employers

Coverage threshold

any person or business that employs workers must purchase workers' compensation insurance except (i) individuals employing people to do work on their own homes, (ii) non-profit corporations with no paid staff, and (iii) corporations in which each employee is an officer/director who owns at least 25% of the corporation and each has given up his/her right to workers' compensation benefits in the state.

1099 vs W-2 in Restaurants & Food Service

Massachusetts uses a strict 'ABC test' to determine independent contractor status; workers failing any part of the test are typically considered employees for workers' compensation purposes.

Owner exclusion

Allowed in Massachusetts. Sole proprietor self-coverage optional; LLC member self-coverage optional.

Max weekly benefit

$1,922 at 60% of average weekly wage, effective 2025-10-01.

Statute of limitations

4 years from injury date in Massachusetts.

Audit window

Massachusetts 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 Massachusetts workers comp overview · Restaurants & Food Service cross-state rate comparison · Massachusetts workers comp lawyer guide · Massachusetts settlement chart

Estimate your Restaurants & Food Service premium in Massachusetts

Pre-filled to Restaurants & Food Service and Massachusetts. Adjust payroll to see a real premium range from filed rates.

Estimate your workers comp premium

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Filing checklist for Restaurants & Food Service businesses in Massachusetts

  1. Step 1, Confirm coverage threshold

    any person or business that employs workers must purchase workers' compensation insurance except (i) individuals employing people to do work on their own homes, (ii) non-profit corporations with no paid staff, and (iii) corporations in which each employee is an officer/director who owns at least 25% of the corporation and each has given up his/her right to workers' compensation benefits in the state. For Restaurants & Food Service operations, this typically applies once you make a first W-2 hire, even part-time.

  2. 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. Across reporting states, Restaurants & Food Service median rates run $0.810 per $100 with a range of $0.360 to $4.71.

  3. Step 3, Get a quote

    Massachusetts Assigned Risk Pool is one option in Massachusetts; private carriers (Travelers, Hartford, Liberty Mutual, AmTrust) also write coverage. Schedule credits up to 15% are typical for low-loss accounts.

  4. Step 4, Document subcontractors

    General contractors are typically responsible for ensuring subcontractors carry workers' compensation insurance; otherwise, they may be liable for the subcontractor's employees' injuries. 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.

  5. 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.

Penalty for non-coverage in Massachusetts: Employers failing to carry required coverage face substantial fines, potential imprisonment, stop-work orders, and direct liability for all injury costs.

Restaurants & Food Service workers comp FAQs in Massachusetts

Why aren't Restaurants & Food Service workers comp rates published for Massachusetts?

Massachusetts uses an independent rating bureau (WCRIBMA). Class-by-class rate data for this state is available through the rating bureau or licensed brokers. For a national reference, Restaurants & Food Service median rates run $0.810 per $100 of payroll across all reporting states, with a typical range of $0.360 to $4.71.

How can a Restaurants & Food Service business in Massachusetts get a real quote?

Get a quote from any private carrier licensed in Massachusetts or the state fund (Massachusetts Assigned Risk Pool). Provide your annual payroll, ownership structure, and your current Restaurants & Food Service class code. Most carriers will return a binding quote within 24-48 hours. Schedule credits up to 15% are typical for low-loss accounts.

Are Restaurants & Food Service 1099 contractors covered by workers comp in Massachusetts?

Massachusetts uses a strict 'ABC test' to determine independent contractor status; workers failing any part of the test are typically considered employees for workers' compensation purposes.

What is the maximum weekly benefit for an injured Restaurants & Food Service worker in Massachusetts?

Massachusetts caps weekly workers comp benefits at $1,922 (effective 2025-10-01), calculated as 60% 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 Massachusetts?

The statute of limitations in Massachusetts is 4 years 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 Massachusetts?

Yes, Massachusetts 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.

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