WI · Restaurants & Food Service · WCRB state

Restaurants & Food Service workers compensation in Wisconsin

Wisconsin uses an independent rating bureau (WCRB), 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. Wisconsin caps weekly benefits at $1,340 with a 12-year statute of limitations. Verified 2026-05-09.

National median $0.810
Rate authority WCRB
Max weekly benefit $1,340

Restaurants & Food Service rate context for Wisconsin

Wisconsin 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? Wisconsin uses an independent rating bureau (WCRB) 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.

Wisconsin compliance for Restaurants & Food Service employers

Coverage threshold

Employers with 3 or more employees, or 1 or more employees if paying $500 or more in wages in any calendar quarter.

1099 vs W-2 in Restaurants & Food Service

Workers are classified based on an 'economic realities' test, focusing on control and independence, not solely on 1099 status.

Owner exclusion

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

Max weekly benefit

$1,340 at 66.67% of average weekly wage, effective 2025-01-01.

Statute of limitations

12 years from injury date in Wisconsin.

Audit window

Wisconsin carriers audit payroll Typically within 90-120 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 Wisconsin workers comp overview · Restaurants & Food Service cross-state rate comparison · Wisconsin workers comp lawyer guide · Wisconsin settlement chart

Estimate your Restaurants & Food Service premium in Wisconsin

Pre-filled to Restaurants & Food Service and Wisconsin. 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.

Filing checklist for Restaurants & Food Service businesses in Wisconsin

  1. Step 1, Confirm coverage threshold

    Employers with 3 or more employees, or 1 or more employees if paying $500 or more in wages in any calendar quarter. 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

    Private carriers write Restaurants & Food Service coverage in Wisconsin. Schedule credits up to 25% are typical for low-loss accounts.

  4. Step 4, Document subcontractors

    General contractors are liable for injuries to uninsured 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.

  5. Step 5, Annual audit

    Carriers audit payroll Typically within 90-120 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.

Penalty for non-coverage in Wisconsin: Fines of $100 per day up to $10,000, potential criminal charges, and personal liability for employee injuries.

Restaurants & Food Service workers comp FAQs in Wisconsin

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

Wisconsin uses an independent rating bureau (WCRB). 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 Wisconsin get a real quote?

Get a quote from any private carrier licensed in Wisconsin. 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 Wisconsin?

Workers are classified based on an 'economic realities' test, focusing on control and independence, not solely on 1099 status.

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

Wisconsin caps weekly workers comp benefits at $1,340 (effective 2025-01-01), 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 Wisconsin?

The statute of limitations in Wisconsin is 12 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 Wisconsin?

Yes, Wisconsin 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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