Workers' Comp Rates for Restaurant NOC (Class Code 9082)
Last verified: 2026-06-27 · Reviewed against NCCI and state rating-bureau filings — how we verify
Description
Covers restaurant employees including servers, hosts, and kitchen staff not otherwise classified.
Common Businesses
Hazard Group
D
National Avg Rate
$4.02
per $100 payroll
Most Expensive States
- New York$5.44
- Alaska$5.32
- California$5.06
Rates by State for Class Code 9082
47 jurisdictions rate this code per $100 of payroll. North Dakota, Ohio, Washington and Wyoming are not included. Each is a monopolistic state fund that sets premium on its own basis rather than on an NCCI class-code rate per $100 of payroll, so there is no comparable figure to average or rank.
| State | Rate per $100 | vs. National Avg | Effective |
|---|---|---|---|
| Indiana | $2.93 | -1.09 | 2026-01-01 |
| Texas | $2.96 | -1.06 | 2026-07-01 |
| Virginia | $3.11 | -0.91 | 2026-04-01 |
| Utah | $3.19 | -0.83 | 2026-02-01 |
| Arkansas | $3.30 | -0.72 | 2026-07-01 |
| Colorado | $3.34 | -0.68 | 2026-01-01 |
| Tennessee | $3.41 | -0.61 | 2026-03-01 |
| Arizona | $3.45 | -0.57 | 2026-01-01 |
| South Dakota | $3.49 | -0.53 | 2026-07-01 |
| Nebraska | $3.53 | -0.49 | 2026-02-01 |
| North Carolina | $3.53 | -0.49 | 2026-04-01 |
| Idaho | $3.56 | -0.46 | 2026-01-01 |
| Kansas | $3.60 | -0.42 | 2026-01-01 |
| Mississippi | $3.64 | -0.38 | 2026-03-01 |
| New Mexico | $3.68 | -0.34 | 2026-01-01 |
| South Carolina | $3.71 | -0.31 | 2026-04-01 |
| Kentucky | $3.75 | -0.27 | 2026-01-01 |
| Iowa | $3.83 | -0.19 | 2026-01-01 |
| Missouri | $3.86 | -0.16 | 2026-01-01 |
| Nevada | $3.90 | -0.12 | 2026-03-01 |
| Georgia | $3.94 | -0.08 | 2026-03-01 |
| Maryland | $3.94 | -0.08 | 2026-01-01 |
| Oregon | $3.98 | -0.04 | 2026-01-01 |
| West Virginia | $4.01 | -0.01 | 2026-01-01 |
| Alabama | $4.05 | +0.03 | 2026-03-01 |
| Minnesota | $4.05 | +0.03 | 2026-01-01 |
| New Hampshire | $4.05 | +0.03 | 2026-01-01 |
| Delaware | $4.13 | +0.11 | 2025-12-01 |
| Maine | $4.13 | +0.11 | 2025-04-01 |
| Wisconsin | $4.13 | +0.11 | 2025-10-01 |
| Michigan | $4.20 | +0.18 | 2026-01-01 |
| Vermont | $4.20 | +0.18 | 2026-04-01 |
| Rhode Island | $4.27 | +0.25 | 2026-08-01 |
| Florida | $4.31 | +0.29 | 2026-01-01 |
| Montana | $4.31 | +0.29 | 2026-07-01 |
| District of Columbia | $4.43 | +0.41 | 2026-01-01 |
| Massachusetts | $4.43 | +0.41 | 2024-07-01 |
| Oklahoma | $4.43 | +0.41 | 2026-01-01 |
| Illinois | $4.50 | +0.48 | 2026-01-01 |
| Connecticut | $4.58 | +0.56 | 2026-01-01 |
| Louisiana | $4.69 | +0.67 | 2026-05-01 |
| Hawaii | $4.80 | +0.78 | 2026-01-01 |
| Pennsylvania | $4.80 | +0.78 | 2026-04-01 |
| New Jersey | $4.88 | +0.86 | 2026-01-01 |
| California | $5.06 | +1.04 | 2025-09-01 |
| Alaska | $5.32 | +1.30 | 2026-01-01 |
| New York | $5.44 | +1.42 | 2025-10-01 |
How Class Code 9082 Rates Are Spread Across the States
Across 47 states, the estimated workers' comp rate for NCCI class code 9082 (Restaurant NOC) ranges from $2.93 to $5.44 per $100 of payroll, with a national average of $4.02 and a median of $4.01. Each bar counts the states whose estimated rate falls in that range — shaded cheaper (green) to pricier (red). The dashed line marks the national average.
Distribution across 47 states. Rates are a modeled benchmark (NCCI base-rate catalogue × state rate multiplier, catalogue retrieved 2026-06-27) and are not reconciled to filed state loss costs — see the calibration measurement and our rate disclaimer.
View the rate distribution as a data table
| Rate range / $100 | States | Which states |
|---|---|---|
| $2.93–$3.24 | 4 | Indiana, Texas, Virginia, Utah |
| $3.24–$3.56 | 7 | Arkansas, Colorado, Tennessee, Arizona, South Dakota, Nebraska, North Carolina |
| $3.56–$3.87 | 8 | Idaho, Kansas, Mississippi, New Mexico, South Carolina, Kentucky, Iowa, Missouri |
| $3.87–$4.19 | 11 | Nevada, Georgia, Maryland, Oregon, West Virginia, Alabama, Minnesota, New Hampshire, Delaware, Maine, Wisconsin |
| $4.19–$4.50 | 8 | Michigan, Vermont, Rhode Island, Florida, Montana, District of Columbia, Massachusetts, Oklahoma |
| $4.50–$4.81 | 5 | Illinois, Connecticut, Louisiana, Hawaii, Pennsylvania |
| $4.81–$5.13 | 2 | New Jersey, California |
| $5.13–$5.44 | 2 | Alaska, New York |
| Summary | 47 | Min $2.93 · Median $4.01 · Avg $4.02 · Max $5.44 |
The rates above are manual rates — step 1 of the eight-step rating-bureau premium algorithm. See what your carrier applies after that, or estimate premium for code 9082 with your own payroll and experience mod.
Related Class Codes
9079
Restaurant - Fast Food
Hazard Group: C
9083
Restaurant - Fast Food - Including Delivery
Hazard Group: D
9519
Catering NOC
Hazard Group: C
About Class Code 9082: Scope, Inclusions, and Common Misclassifications
Workers' comp class code 9082 is the full-service restaurant classification — "Restaurant NOC" — that buyers usually mean when they search "9082 workers comp code" or "class code 9082." The NOC (Not Otherwise Classified) label matters: 9082 is the traditional dine-in restaurant with table service, used when a more specific food-service code does not control. Bureau scope language describes 9082 as the restaurant where customers are seated, place their order with a member of the wait staff, and have food prepared by kitchen staff and brought to the table by wait staff who remain available throughout the meal.
The classification turns on the service model, not the cuisine or price point. A white-tablecloth restaurant, a neighborhood diner with waiters, a dinner theatre, and a qualifying caterer can all sit in 9082, while a counter-service or drive-through operation moves to the fast-food code 9083 and an alcohol-led bar or tavern moves toward the bar classification. As of June 27, 2026, this site's filing-based 9082 base-rate model runs from about $2.93 per $100 of payroll in the lowest-cost states (Indiana) to about $5.44 in the highest (New York), with a 51-jurisdiction modeled average near $4.00 before carrier loss-cost multipliers, payroll, and experience modification — a roughly 1.9× state-to-state spread for the same full-service restaurant work. Every figure is a benchmark for comparing the spread, not a binding quote.
What Class Code 9082 Usually Includes
Bureau scope material applies 9082 to restaurants that provide dining accommodations to customers who generally eat on the premises and are served by wait staff. The defining sequence is table service: the customer is seated, a server takes the order, the kitchen prepares it, and a server delivers it and tends the table. Front-of-house staff (hosts, servers, bussers, bartenders serving a dining room), back-of-house kitchen staff (cooks, prep, dishwashers), and ordinary restaurant management are normally all within the single 9082 payroll for that location.
The code also reaches several adjacent dine-in operations when the state manual places them there: dinner theatres, cyber cafés that offer food service, retail cookie or doughnut shops with seating, and caterers that meet the bureau's qualifying conditions. Like other restaurant codes, 9082 is duties- and operations-driven — an employee is assigned by what the location actually does during the policy year, not by job title, and incidental delivery from a primarily dine-in restaurant generally stays with 9082 rather than splitting to a delivery code.
Clerical office employees of a restaurant company can qualify for the clerical 8810 standard exception only when they work in a physically and operationally separate office, away from the kitchen, dining floor, and storage areas. A cashier, host, or manager working on the restaurant floor is part of the 9082 exposure, not 8810.
When Restaurant Payroll Leaves 9082
The first boundary is the service model. If customers order and pay at a counter, drive-through, kiosk, phone, or app and ordinary wait staff is not part of the regular operation, the restaurant is fast food and belongs in 9083 (or a state-specific fast-food code such as New York's 9072), not 9082. Some states historically used 9079 for fast food; compare fast food 9079 and the state's adopted wording. Occasional table touches — refilling drinks, clearing tables, running a paid order to a seat — do not by themselves turn a quick-service operation into a 9082 full-service restaurant.
Alcohol-led venues are the second boundary. A bar, tavern, nightclub, or lounge where a large share of revenue comes from alcohol served at the bar carries a separate bar/tavern classification rather than 9082, even though food is served. A restaurant with a bar that is incidental to the dining operation usually stays in 9082; the auditor looks at the share of receipts from alcohol and the operation's primary character.
Hotels, caterers serving events away from the restaurant, concessions inside another business, and retail food operations are further checks. A hotel or motel dining room is often separately rated under a hotel food-service classification such as hotel restaurant employees 9058; off-premises event catering, a retail food store with prepared food, and a concession operated inside a venue can all move out of 9082. Keep point-of-sale summaries, receipts split by dine-in/bar/catering/delivery, job descriptions, and payroll by location so the carrier can place each operation in the right code.
Audit Records for Full-Service Restaurants
The audit file that protects a 9082 assignment documents the service model and separates any operation that has its own code. Save point-of-sale and receipts reports showing the share of revenue from food versus alcohol versus catering, job descriptions for front-of-house, kitchen, bar, and management roles, payroll by location for multi-unit operators, and records distinguishing routine table service from any counter-service or delivery-only side of the business. Auditors decide 9082 versus 9083, a bar code, or a hotel food-service code from what the location actually does, not from its marketing label.
State-specific coding matters for restaurants. Public bureau materials in some states list 9082 as the full-service Restaurant NOC, while New York uses different restaurant code numbers and California administers its own food-and-beverage-service classifications. A multi-state restaurant group should not copy one state's restaurant code onto every policy without checking each bureau's adopted wording — California in particular is independent of NCCI and assigns restaurant payroll under its own classification system.
For quote shoppers, the useful comparison is the state spread, not a single national number. Using this site's filing-based model for class code 9082, the cheapest five jurisdictions are Indiana ($2.93 per $100 of payroll), Texas ($3.08), Virginia ($3.11), Utah ($3.19), and Arkansas ($3.30); the most expensive five are New York ($5.44), Alaska ($5.33), California ($5.06), New Jersey ($4.88), and a tie between Hawaii and Pennsylvania ($4.80), with Kentucky at the national reference midpoint of $3.75. Those figures are filing-based benchmarks, not binding quotes — the filed base-rate estimate still changes after payroll, the carrier's loss-cost multiplier, experience modification, schedule credits, minimum premium, and any audit split to a fast-food, bar/tavern, hotel food-service, catering, retail food, or delivery classification. California in particular is independent of NCCI and files restaurant payroll under its own classification system, so its figure is a modeled proxy rather than a published 9082 rate.
Sources
- NCCI Scopes-based restaurant classification guidance — Code 9082 Restaurant NOC (full table service) (retrieved 2026-06-27)
- Kickstand Insurance — Restaurant Workers' Comp Class Codes (9082 full service vs 9083 fast food) (retrieved 2026-06-01)
- Preferred Employers Insurance — Food & Beverage Service Industry Classification Changes (9082 / 9083 / 9084) (retrieved 2026-06-01)
Frequently Asked Questions
- What is workers' comp class code 9082?
- Workers' comp class code 9082 is the full-service "Restaurant NOC" (Not Otherwise Classified) classification — the traditional dine-in restaurant where customers are seated, order from wait staff, and have food brought to the table. It generally covers servers, hosts, bussers, cooks, dishwashers, and restaurant management at the location, subject to each state bureau's adopted wording.
- How much is workers' comp insurance for class code 9082?
- The national average rate for class code 9082 is $4.02 per $100 of payroll, across the 47 jurisdictions rated on that basis. Cheapest states: Indiana ($2.93), Texas ($2.96), Virginia ($3.11). Most expensive: New York ($5.44), Alaska ($5.32), California ($5.06). Actual premium depends on your state, payroll, experience modifier, and carrier. North Dakota, Ohio, Washington and Wyoming are not included. Each is a monopolistic state fund that sets premium on its own basis rather than on an NCCI class-code rate per $100 of payroll, so there is no comparable figure to average or rank.
- What businesses use workers' comp class code 9082?
- Class code 9082 typically applies to Full-service restaurants, Cafes, Diners, Catering companies, Bistros.
- What is the difference between class codes 9082 and 9083?
- 9082 is the full-service, table-service restaurant code: customers are seated and served by wait staff. 9083 is the fast-food or quick-service code: customers order and pay at a counter, drive-through, kiosk, phone, or app, and ordinary wait staff is not part of the regular model. The split turns on the service model rather than the menu — and the exact code numbers and wording vary by state, with New York and California using their own restaurant classifications.
- Does class code 9082 include bartenders and bar sales?
- A bar that is incidental to a full-service restaurant's dining operation is generally part of 9082, including bartenders serving the dining room. But when a venue is alcohol-led — a bar, tavern, nightclub, or lounge where a large share of revenue comes from alcohol served at the bar — it carries a separate bar/tavern classification rather than 9082, even though food is served. Auditors look at the share of receipts from alcohol and the operation's primary character.
- Can restaurant office staff be classified as 8810 instead of 9082?
- Only when they meet the clerical-office test. A true 8810 employee must work in an office that is physically and operationally separated from the kitchen, dining floor, bar, and storage areas. Hosts, cashiers, servers, and managers working on the restaurant floor are part of the 9082 restaurant exposure, not the clerical standard exception.
- What is the workers' comp rate for class code 9082?
- The workers' comp rate for class code 9082 varies by state and carrier. As of June 27, 2026, this site's filing-based 9082 table averages about $4.00 per $100 of payroll across 51 jurisdictions, ranging from about $2.93 in Indiana to $5.44 in New York. Actual premium also depends on payroll, the carrier's loss-cost multiplier, experience modification, schedule credits, minimum premium, and whether an audit splits any payroll to a fast-food, bar/tavern, hotel food-service, catering, retail food, or delivery classification. Treat the figures as estimates, not quotes.