Restaurants & Food Service workers compensation in New York
Restaurants & Food Service businesses in New York pay a median rate of $2.13 per $100 of payroll, ranging from $2.13 to $2.13. The national median for Restaurants & Food Service is $0.810, so New York sits 162% above the national average. 1 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 York
The class codes most likely to apply to a Restaurants & Food Service operation in New York, 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 |
|---|---|---|---|
| 9044 | Restaurant Operations | $2.13 | HIGH |
New York compliance for Restaurants & Food Service employers
Coverage threshold
All employers with one or more employees must carry workers' compensation insurance.
1099 vs W-2 in Restaurants & Food Service
Individuals classified as 1099 contractors are often deemed employees for workers' compensation purposes unless they meet strict independent contractor criteria.
Owner exclusion
Allowed in New York. Sole proprietor self-coverage optional; LLC member self-coverage optional.
Max weekly benefit
$1,222 at 66.67% of average weekly wage, effective 2025-07-01.
Statute of limitations
2 years from injury date in New York.
Audit window
New York carriers audit payroll Typically within 90 days of policy expiration, but can extend longer.. Keep Restaurants & Food Service payroll segregated by class code and have job-duty documentation ready.
Cross-cite: full New York workers comp overview · Restaurants & Food Service cross-state rate comparison · New York workers comp lawyer guide · New York settlement chart
Estimate your Restaurants & Food Service premium in New York
Pre-filled to Restaurants & Food Service and New York. 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 York
$10,630to$10,630
Median: $10,630 · Rate range $2.13 to $2.13 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 York
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Step 1, Confirm coverage threshold
All 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 New York, the cheapest code on this list is 9044 at $2.13 and the most expensive is 9044 at $2.13.
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Step 3, Get a quote
New York State Insurance Fund is one option in New York; 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
A general contractor is liable for workers' compensation benefits to 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 Typically within 90 days of policy expiration, but can extend longer.. 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 York
What is the typical workers comp rate for Restaurants & Food Service in New York?
Restaurants & Food Service employers in New York pay a median rate of $2.13 per $100 of payroll, with rates ranging from $2.13 to $2.13 depending on the specific class code. The national median across all states for Restaurants & Food Service is $0.810, so New York sits about 162% above the national average.
How many Restaurants & Food Service class codes are filed in New York?
New York has 1 unique NCCI class codes filed for Restaurants & Food Service occupations, drawn from 1 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 York?
Individuals classified as 1099 contractors are often deemed employees for workers' compensation purposes unless they meet strict independent contractor criteria.
What is the maximum weekly benefit for an injured Restaurants & Food Service worker in New York?
New York caps weekly workers comp benefits at $1,222 (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 York?
The statute of limitations in New York 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 York?
Yes, New York 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.