What is Workers’ Compensation Insurance?

Workers’ Compensation Insurance is legally mandated insurance (in most states) that provides medical care, lost wage replacement, rehabilitation services, and death benefits to employees who are injured or become ill due to work-related causes, regardless of fault.

What You Need to Know

Workers’ compensation is a no-fault system—injured employees receive benefits without having to prove you were negligent, and in exchange, they generally cannot sue you for workplace injuries (with some exceptions). The insurance covers:

• Medical expenses (unlimited in most states)
• Partial wage replacement (typically two-thirds of their average wage)
• Vocational rehabilitation if needed
• Death benefits to dependents if an employee dies from work-related causes

Workers’ comp is mandatory in most states once you hire your first employee (some states exempt very small employers). Premiums are calculated based on your payroll and classification codes—kitchen staff have higher rates than servers because they face greater injury risks. Your premium is adjusted annually based on your claims experience through an experience modification factor.

Why It Matters for Restaurant Owners

Workers’ compensation is non-negotiable for restaurants—it’s legally required, and operating without it when required exposes you to massive fines, penalties, personal liability for employee injuries, and potential criminal charges.

Beyond legal requirements, it’s essential protection—restaurant work is physically demanding and injury-prone. Common claims include:

• Burns from cooking equipment
• Cuts from knives and slicers
• Slips and falls on wet floors
• Lifting injuries
• Repetitive motion injuries
• Exposure to cleaning chemicals

The average workers’ comp claim costs $30,000 to $50,000, with serious injuries reaching hundreds of thousands. Without coverage, you’d pay these costs directly from your business and personal assets.

Reduce your workers’ comp costs through aggressive safety programs, proper employee training, immediate injury reporting, return-to-work programs for injured employees, and accurate employee classification (don’t classify kitchen staff as servers to save premium—misclassification creates massive audit penalties).

Your experience modification factor directly impacts premiums—restaurants with good safety records and few claims pay 20-40% less than high-claim restaurants. Invest in safety and claims management to reduce both injuries and insurance costs.