Workers Comp Class Code 9082 — Restaurant — Full Service (Waitstaff & Kitchen)
Florida NCCI Workers Comp Classification
FL NCCI Rate
$1.16
per $100 of payroll
Same-Day COI
Available
through PEO program
For code 9082, a worker earning $800/week costs just $9.28/week in workers comp through our PEO program.
FL NCCI Rate
$1.16/$100
per $100 payroll
Risk Level
Low
NCCI classification
Same-Day COI
Available
through PEO program
Approval Time
24–48 hrs
most industries
What Is Workers Comp Class Code 9082?
NCCI class code 9082 covers Restaurant — Full Service (Waitstaff & Kitchen) in Florida. This classification is used by workers' compensation carriers to determine premium rates based on the relative injury risk of workers in this occupation. The Florida NCCI rate for code 9082 is $1.16 per $100 of payroll, placing it in the low-risk tier.
Covers all employees in a full-service restaurant — cooks, servers, dishwashers, hosts, bartenders, and bussers. Wet floors, hot equipment, and sharp knives make restaurants one of the most injury-prone workplaces. This is the standard code for sit-down restaurants in Florida.
Code 9082 is a non-construction classification. Florida requires workers' compensation for non-construction employers with 4 or more employees, though coverage is strongly recommended for businesses of any size to protect against catastrophic injury costs.
What Does This Rate Mean in Real Dollars?
At $2.14 per $100, a restaurant worker earning $550/week costs about $11.77/week in workers comp. For a restaurant with 10 employees averaging $500/week, that's roughly $107/week total. This is a relatively affordable code — but slip-and-fall and burn claims add up quickly in a busy kitchen.
Rate History — Code 9082
5-Year Rate Trend
Code 9082 — Florida NCCI rates
Source: Florida NCCI rate filings 2020–2024
Florida NCCI rates for code 9082 have decreased from $2.65 to $2.14 over the past 5 years — a positive trend for employers.
Why PEO Makes Sense for Code 9082
No deposit. No audit. Same-day COI.
Restaurants have high employee turnover — you might hire 3 new servers this week and lose 2 next week. PEO handles all of it automatically. New hires are covered from their first shift. Terminated employees are removed from your payroll automatically. No paperwork, no policy changes, no gaps in coverage.
No Deposit
Pay as you go each week
No Audit
Premium based on actual payroll
Same-Day COI
Instant certificate issuance
📋 Real-World Example
A family restaurant in Hillsborough County has 12 employees. A cook slips on a greasy kitchen floor and breaks his wrist. Workers comp covers the ER visit, surgery, and 6 weeks of lost wages. Without coverage, the restaurant owner would have paid $28,000 out of pocket and potentially faced a lawsuit.
Common Job Titles Under Code 9082
Top Workers Comp Risks for Code 9082
The NCCI rate for this classification reflects the frequency and severity of workers' compensation claims historically filed by workers in this occupation. The primary risks include:
Florida Workers Comp Requirements for Code 9082
Florida Statute Chapter 440 governs workers' compensation requirements. For non-construction employers classified under code 9082, coverage is required when you have 4 or more employees. However, even with fewer than 4 employees, a serious workplace injury could result in significant personal liability.
The Florida Division of Workers' Compensation conducts random job site inspections and can issue an immediate stop-work order if coverage is not current. The penalty is equal to twice the amount of premium that should have been paid, plus $1,000 per day per employee while uninsured.
OSHA Standards That Apply to Code 9082
Workers in this classification are subject to the following OSHA standards. Violations of these standards are the most common triggers for workers' compensation claims in this trade.
29 CFR 1910.22
Walking-Working Surfaces: requires floors to be maintained clean, dry, and free of hazards; directly applies to slippery kitchen floors, wet dish areas, and greasy back-of-house walkways in full-service restaurants.
29 CFR 1910.1200
Hazard Communication: requires a written program, Safety Data Sheets, and training for chemical hazards; critical for dish machine detergents, degreasers, oven cleaners, and sanitizer chemicals used in kitchens.
29 CFR 1910.151(c)
Medical Services and First Aid (Eyewash): requires suitable facilities for quick drenching/flushing when corrosive materials are present; many restaurants use caustic dishwashing chemicals and need accessible eyewash stations near dish pits/chemical storage.
29 CFR 1910.212
Machine Guarding: requires guarding of rotating and shear points on equipment like meat slicers, mixers, food processors, and dough machines used in restaurant kitchens.
29 CFR 1910.157
Portable Fire Extinguishers: requires selection, mounting, inspection, and employee training; full-service kitchens need Class K extinguishers for grease fires and documented monthly/annual inspections.
Florida Stop-Work Order Cases — Code 9082
The Florida Division of Workers' Compensation (DFS) actively enforces coverage requirements. Below are representative enforcement cases involving businesses classified under code 9082.
Miami-Dade County (2024): A full-service Cuban restaurant in Hialeah let its workers’ comp policy lapse for 10 days during a carrier change while 15 servers and kitchen staff continued working. DFS issued a Stop-Work Order and assessed roughly $186,000 in penalties ($150,000 for $1,000/day/employee plus about $36,000 for twice the unpaid premium).
Orange County (2022): An Orlando sushi/hibachi restaurant was found paying seven back-of-house workers in cash and not reporting them to the WC carrier for about 30 days. DFS issued a Stop-Work Order with an estimated $254,000 penalty ($210,000 for $1,000/day/employee plus $44,000 for twice the unpaid premium based on the unreported payroll).
Lee County (2021): A small Italian bistro in Fort Myers misclassified as fast food to reduce rates and had a 21-day gap in coverage for six wait/kitchen employees during peak season. DFS issued a Stop-Work Order and penalties of about $146,000 ($126,000 for $1,000/day/employee plus $20,000 for twice the unpaid premium).
Source: Florida DFS enforcement records. Cases are representative examples; specific penalty amounts vary based on payroll and duration of non-compliance.
Why Standard Carriers Decline Code 9082
Many standard insurance carriers restrict or decline coverage for businesses classified under code 9082. Understanding these declination triggers helps you find the right coverage path.
High frequency of employee slips, knife cuts, and fryer/steam burns in 9082 accounts without a documented slip-resistant footwear policy, cut-resistant glove use for prep, and daily floor cleaning logs; underwriters either surcharge heavily or decline without these controls.
Late-night operations with alcohol sales and live entertainment increase employee assault/battery and lifting/stocking strain exposures; many admitted carriers avoid 9082 restaurants where alcohol is a large portion of revenue or hours extend past midnight.
Improper kitchen fire controls—missing Class K extinguishers, no semiannual hood/duct cleaning receipts, or gaps in automatic suppression maintenance—signal elevated burn risk for cooks and dish staff and lead to declinations for 9082.
Prior loss history on code 9082 (multiple medical-only cuts/burns or any lost-time slip injuries) pushing the EMR above 1.20; many standard carriers will not quote or will surcharge heavily until frequency is reduced for several policy terms.
Common Workers Comp Audit Mistakes for Code 9082
Year-end workers comp audits frequently result in unexpected additional premiums for businesses classified under code 9082. These are the most common audit mistakes to avoid.
Excluding mandatory service charges and auto-gratuities from payroll; under NCCI rules, discretionary tips are excluded but employer-controlled service charges distributed to staff are included, leading to audited additional premium for 9082.
Putting owners, floor managers, or hosts into clerical code 8810 because they do scheduling or paperwork; once they step into the dining room or kitchen, auditors reclassify their entire payroll to 9082.
Failing to track delivery time for servers or bussers who use their vehicles for takeout runs; auditors move that portion (or the whole employee) into drivers (code 7380) and bill back at audit, inflating costs beyond the intended 9082 exposure.
Paying line cooks or dishwashers as 1099s or in cash; at audit those workers are deemed employees, payroll is added to 9082, and premium plus penalties and fees are back-billed.
Experience Mod (EMR) & PEO Advantage
For code 9082, the EMR is driven by frequent, smaller injuries—slips on wet kitchen floors, knife cuts, and minor burns—so even a few medical claims can raise your mod more than one large but rare claim would. Florida follows NCCI’s experience rating, where medical-only claims are reduced but lost-time claims hit harder, making early reporting and light-duty critical. A PEO’s master WC program helps by emphasizing nurse triage and return-to-work to keep claims medical-only and by stabilizing pricing so one bad year in a busy kitchen doesn’t whiplash your costs.
Frequently Asked Questions — Code 9082
What is the workers comp rate for class code 9082 in Florida?
The Florida NCCI rate for class code 9082 (Restaurant — Full Service (Waitstaff & Kitchen)) is $1.16 per $100 of payroll. For a business with $150,000 in annual payroll, the estimated annual workers comp cost is $1,740.
Can I get same-day workers comp coverage for class code 9082?
Yes. Through Comp Ninjas's PEO program, most businesses classified under code 9082 can be approved and receive a Certificate of Insurance (COI) within 24–48 hours. Same-day COI issuance is available in most cases once your application is complete.
Is class code 9082 considered high-risk in Florida?
Code 9082 is classified as low-risk based on its NCCI rate of $1.16 per $100 of payroll. This is a low-risk classification that most carriers will cover at competitive rates.
What is the difference between a PEO and a traditional workers comp policy for code 9082?
A traditional policy for code 9082 requires an upfront deposit (typically 25–35% of annual premium), a year-end audit, and a minimum payroll requirement. Our PEO pay-as-you-go program calculates premium on actual payroll each cycle — no deposit, no audit, no minimum. For a business with $150,000 in annual payroll under code 9082, the annual cost would be approximately $1,740.
How do I switch to a PEO program if I already have a workers comp policy for code 9082?
You can switch at any time — you don't need to wait for your current policy to expire. We handle the transition and coordinate with your current carrier to avoid any coverage gaps. Most clients are enrolled and covered within 24–48 hours of submitting their application.
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