Restaurants & Food Service workers compensation in New Hampshire
New Hampshire is an NCCI loss-cost state, so class-by-class Restaurants & Food Service rates are available only via NCCI subscription, 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. New Hampshire caps weekly benefits at $2,309 with a 3-year statute of limitations. Verified 2026-05-09.
Restaurants & Food Service rate context for New Hampshire
New Hampshire 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 |
New Hampshire compliance for Restaurants & Food Service employers
Coverage threshold
Mandatory for employers with one or more employees, full-time or part-time.
1099 vs W-2 in Restaurants & Food Service
New Hampshire uses a multi-factor 'right to control' test to determine if a worker is an employee or independent contractor.
Owner exclusion
Allowed in New Hampshire. Sole proprietor self-coverage optional; LLC member self-coverage optional.
Max weekly benefit
$2,309 at 66.67% of average weekly wage, effective 2025-07-01.
Statute of limitations
3 years from injury date in New Hampshire.
Audit window
New Hampshire carriers audit payroll Typically within 90 days of policy expiration, as per NCCI rules.. Keep Restaurants & Food Service payroll segregated by class code and have job-duty documentation ready.
Cross-cite: full New Hampshire workers comp overview · Restaurants & Food Service cross-state rate comparison · New Hampshire workers comp lawyer guide · New Hampshire settlement chart
Estimate your Restaurants & Food Service premium in New Hampshire
Pre-filled to Restaurants & Food Service and New Hampshire. 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 New Hampshire
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Step 1, Confirm coverage threshold
Mandatory for employers with one or more employees, full-time or part-time. 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. Across reporting states, Restaurants & Food Service median rates run $0.810 per $100 with a range of $0.360 to $4.71.
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Step 3, Get a quote
Private carriers write Restaurants & Food Service coverage in New Hampshire. Schedule credits up to 25% are typical for low-loss accounts.
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Step 4, Document subcontractors
General contractors are generally liable for the workers' compensation coverage of uninsured subcontractors and their 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 Typically within 90 days of policy expiration, as per NCCI rules.. 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 New Hampshire
Why aren't Restaurants & Food Service workers comp rates published for New Hampshire?
New Hampshire uses NCCI for workers comp ratemaking. NCCI loss-cost data for this state is published only to NCCI subscribers, not in public state insurance department filings. 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 New Hampshire get a real quote?
Get a quote from any private carrier licensed in New Hampshire. 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 25% are typical for low-loss accounts.
Are Restaurants & Food Service 1099 contractors covered by workers comp in New Hampshire?
New Hampshire uses a multi-factor 'right to control' test to determine if a worker is an employee or independent contractor.
What is the maximum weekly benefit for an injured Restaurants & Food Service worker in New Hampshire?
New Hampshire caps weekly workers comp benefits at $2,309 (effective 2025-07-01), 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 New Hampshire?
The statute of limitations in New Hampshire is 3 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 New Hampshire?
Yes, New Hampshire 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.