Restaurant Worker Workers Comp Benefits & Calculator

Restaurant work — servers, line cooks, dishwashers, bartenders — sees high rates of burns, slip-and-fall injuries, knife cuts, and repetitive strain. If you work in a restaurant and got hurt, you're covered even if the restaurant pays you partly in cash tips. Your average weekly wage calculation should include reported tips, which significantly boosts your benefit.

Adam Noah · Workers' Comp Research Analyst

Last updated: April 2026 · Reviewed for accuracy

About the author

Class Code

9082 / 9083

WC Insurance Rate

$1.50 per $100 of payroll

Risk Level

Medium

Example annual premium for restaurant worker with $50,000 annual payroll: $750 per employee. Varies by state, carrier, and experience modifier.

Calculate Your Restaurant Worker Workers Comp Benefits

Enter your state and weekly wage to see your estimated workers comp weekly benefit and total projected payout.

Step 1 of 2Your Situation

Your Situation

Tell us about your state and wages to calculate your benefits.

What state did the injury occur in? *

When did the injury occur?

Optional — helps calculate your waiting period start date.

What is your average weekly wage? *

$/week

Your gross wages for the 13 weeks before injury, divided by 13. Include overtime, bonuses, and tips if they were regular.

Most Common Restaurant Worker Workplace Injuries

These are the injury patterns we see most frequently in restaurant worker workers comp claims, ranked by frequency. Click any injury type to see the dedicated settlement calculator for that specific injury.

Injury Type	Frequency	Avg Settlement
Burns (Grills, Fryers, Hot Liquids)	Very common	$32,000
Slip & Fall (Wet Floors)	Very common	$48,000
Cuts / Lacerations	Very common	$22,000
Back (Lifting, Standing)	Common	$75,000
Shoulder (Heavy Trays, Kegs)	Common	$55,000
Foot (Standing, Dropped Items)	Common	$23,827

Settlement averages from National Safety Council and state workers comp board data. Your specific settlement depends on severity, state, wage, and case specifics.

Key Facts for Restaurant Workers

•Tips count toward your average weekly wage if reported to the IRS.
•Slip-and-fall on wet restaurant floors is the #1 restaurant worker comp claim.
•Burns from grease, hot water, or equipment are compensable regardless of how careful you were being.
•Knife cuts that sever tendons or nerves often have permanent impairment value on top of medical costs.
•Some states have special tip-based wage calculations that result in higher weekly benefits for restaurant staff.

Injured On the Job? Get a Free Case Review

A workers' comp attorney can review your claim, negotiate a higher settlement, and protect your job. Most work on contingency — no fee unless you win.

Find a Workers' Comp Attorney

Frequently Asked Questions — Restaurant Worker

Do tips count for my workers comp calculation?▾

Yes, in every state, reported tips count toward your average weekly wage. Unreported cash tips don't — which is why reporting them to your employer and the IRS protects you in the event of an injury. The difference can be huge: a server making $3/hour plus $200/day in tips has a much higher AWW than their hourly rate alone suggests.

What should I do if I get burned at work?▾

Get medical attention immediately. Even small burns should be documented. Report to your manager the same shift. Workers comp covers all medical care, time off for healing, and permanent scarring disfigurement payments in most states.

Can I file workers comp if I'm a tipped employee?▾

Yes. Tipped employees have full workers comp rights. Your employer can't tell you otherwise. If you're being pressured to pay your own medical bills or use your own health insurance, you're being lied to — workers comp is mandatory in almost every state.

What's a typical restaurant slip-and-fall settlement?▾

Slip-and-fall injuries in restaurants typically settle $15,000-$80,000 depending on severity. Knee injuries average $48,000, back injuries $75,000. Long-term disability cases can reach six figures.

Workers Comp for Other Occupations

Construction Worker

Code 5403

Nurse (RN, LPN, CNA)

Code 8829

Warehouse Worker

Code 8292

Truck Driver

Code 7228 / 7229

Roofer

Code 5551

Manufacturing Worker

Code 2710 / 3632 / various

Retail Worker

Code 8017 / 8018

Healthcare Worker

Code 8832 / 8833

Office Worker

Code 8810

Electrician

Code 5190

Delivery Driver

Code 7380

Amazon Worker

Code 7380 / varies

Firefighter

Code 7710

Police Officer

Code 7720

Teacher

Code 8868

Gig Worker (Uber, DoorDash, Instacart)

Code varies

Disclaimer: Workers comp insurance rates are approximate national averages and vary significantly by state, insurer, and employer experience modifier. Settlement ranges are estimates based on NSC and state data. This is not legal advice. Consult a licensed workers' compensation attorney for your specific situation. Last updated: April 2026.