Restaurants & Food Service workers compensation in New Jersey
Restaurants & Food Service businesses in New Jersey pay a median rate of $2.94 per $100 of payroll, ranging from $1.13 to $4.71. The national median for Restaurants & Food Service is $0.810, so New Jersey sits 262% 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 New Jersey
The class codes most likely to apply to a Restaurants & Food Service operation in New Jersey, 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 |
|---|---|---|---|
| 9045 | Restaurant Employees | $1.13 | HIGH |
| 9079 | Restaurant | $2.18 | HIGH |
| 9078 | Restaurant, Fast Food | $3.69 | HIGH |
| 9044 | Restaurant Operations | $4.34 | HIGH |
New Jersey compliance for Restaurants & Food Service employers
Coverage threshold
All employers with one or more employees must provide workers' compensation insurance.
1099 vs W-2 in Restaurants & Food Service
New Jersey uses a strict 'ABC test' to determine if a worker is an independent contractor or an employee.
Owner exclusion
Allowed in New Jersey. Sole proprietor self-coverage optional; LLC member self-coverage optional.
Max weekly benefit
$1,159 at 70% of average weekly wage, effective 2025-01-01.
Statute of limitations
2 years from injury date in New Jersey.
Audit window
New Jersey 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 New Jersey workers comp overview · Restaurants & Food Service cross-state rate comparison · New Jersey workers comp lawyer guide · New Jersey settlement chart
Estimate your Restaurants & Food Service premium in New Jersey
Pre-filled to Restaurants & Food Service and New Jersey. 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 New Jersey
$5,650to$23,550
Median: $14,675 · Rate range $1.13 to $4.71 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 New Jersey
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Step 1, Confirm coverage threshold
All employers with one or more employees must provide 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 New Jersey, the cheapest code on this list is 9045 at $1.13 and the most expensive is 9044 at $4.34.
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Step 3, Get a quote
Private carriers write Restaurants & Food Service coverage in New Jersey. Schedule credits up to 25% are typical for low-loss accounts.
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Step 4, Document subcontractors
General contractors are liable for the workers' compensation benefits of employees of an uninsured subcontractor. 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 New Jersey
What is the typical workers comp rate for Restaurants & Food Service in New Jersey?
Restaurants & Food Service employers in New Jersey pay a median rate of $2.94 per $100 of payroll, with rates ranging from $1.13 to $4.71 depending on the specific class code. The national median across all states for Restaurants & Food Service is $0.810, so New Jersey sits about 262% above the national average.
How many Restaurants & Food Service class codes are filed in New Jersey?
New Jersey 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 New Jersey?
New Jersey uses a strict 'ABC test' to determine if a worker is an independent contractor or an employee.
What is the maximum weekly benefit for an injured Restaurants & Food Service worker in New Jersey?
New Jersey caps weekly workers comp benefits at $1,159 (effective 2025-01-01), calculated as 70% 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 Jersey?
The statute of limitations in New Jersey is 2 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 Jersey?
Yes, New Jersey 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.