South Carolina Restaurant Workers' Comp Guide

South Carolina restaurants that regularly employ four or more people, counting part-time staff and family members, must carry workers’ compensation. Coverage is bought from private insurers, through approved self-insurance, or through the NCCI-administered assigned risk program. Premium is built from payroll in each NCCI class code, such as 9082 (Restaurant NOC) and 9083 (Restaurant: Fast Food), times the rate and your experience modification.

This page is for owners and operators of restaurants, bars, cafes, caterers and food trucks in South Carolina who want to know when coverage is mandatory, what happens without it, and how to keep the cost manageable. For the full state coverage picture, see our South Carolina restaurant insurance hub.

Who must carry workers’ comp in South Carolina

Under S.C. Code 42-1-360, the requirement applies to employers who regularly employ four or more employees. Employers with fewer than four, or with annual payroll under three thousand dollars in the prior calendar year, are exempt. Part-time workers and family members count toward the four, which catches many restaurants that think of themselves as small: two cooks, a dishwasher and a weekend server is already four.

Sole proprietors and partners are not automatically employees, but they may elect coverage for themselves under 42-1-130. The program is overseen by the South Carolina Workers’ Compensation Commission.

How South Carolina’s comp market is set up

South Carolina is a private-market state. Restaurants buy policies from private carriers, larger groups may qualify to self-insure, and an employer that cannot find a carrier can get coverage through the assigned risk program administered by NCCI. NCCI is also the state’s rating bureau, which means class codes and experience mods follow NCCI rules.

Most full-service restaurants fall under 9082 (Restaurant NOC), and quick-service operations under 9083 (Restaurant: Fast Food). Getting the classification right matters: a fast-casual concept placed in the wrong code, or a caterer lumped into a restaurant code without review, can lead to a painful adjustment at audit. If your operation is unusual, ask us which classification the carrier intends to use before you bind.

Penalties for skipping coverage

Under 42-5-40, an employer who refuses or neglects to insure can be fined one dollar per employee for each day, with a daily minimum of ten dollars and a maximum of one hundred dollars, assessed by the Commission after a hearing with appeal rights. Willful refusal is a misdemeanor under 42-5-45, carrying a fine of one hundred to one thousand dollars, thirty days to six months in jail, or both. Uninsured employers also lose standard employer defenses if an injured worker sues. Our Q&A on what happens if a restaurant has no workers’ comp walks through the practical fallout.

Kitchen and dining-room injuries that drive claims

Burns lead the list: splashes while filtering fryer oil, grabbing a sheet pan without a towel, steam from the dish machine. Knife cuts and slicer lacerations are close behind, especially during prep rushes and deep cleaning. Slips happen near the dish pit, the walk-in threshold and the ice machine. Lifting strains come from cases of produce, stock pots and kegs. Workplace violence belongs on the list too: a robbery at closing or a confrontation with an intoxicated guest can injure a manager or bartender. If you deliver, vehicle accidents add another category.

What goes into a restaurant comp premium

Carriers take your estimated payroll in each class code, apply the rate for that code, then multiply by your experience modification, which compares your claims history to similar employers. Schedule credits or debits may reflect safety programs and management. At the end of the term, a payroll audit compares estimated payroll to actual; understating payroll only moves the bill to the audit.

Practical ways to control the cost:

Correct class codes — confirm 9082 or 9083 fits how you actually operate.
Accurate payroll estimates — avoid audit surprises by updating when you add staff.
Slip-resistant footwear and mats — a simple fix for one of the most common claims.
Cut gloves and slicer guards — required, not optional, during prep and cleaning.
Oil-handling procedures — let fryers cool and use a filter cart for disposal.
Return-to-work program — light-duty tasks shorten lost-time claims.
Prompt claim reporting — early reporting keeps medical costs and disputes down.
Pay-as-you-go billing — premium tied to each payroll run reduces deposits and audit swings.

Buying comp through an independent agency

Provident Financial Group compares multiple carriers with one application and can package comp alongside your general liability or business owner’s policy. We issue live certificates for landlords and contracts that require evidence of insurance. Our sister site USA Workers Comp covers workers’ comp for other industries. Call (866) 964-6660 with questions.

Frequently asked questions

Do part-time servers and weekend dishwashers count toward the four-employee rule?

Yes. South Carolina counts part-time workers and family members, so a restaurant with a mostly part-time staff can reach four employees quickly.

Can a restaurant owner leave themselves off the policy?

Sole proprietors and partners are not automatically covered and may choose whether to elect coverage for themselves. If your restaurant is incorporated, ask us how officer elections work with your carrier.

What if no carrier will write my restaurant?

Employers that cannot find voluntary coverage can apply to the assigned risk program administered by NCCI, then work toward moving back to the voluntary market with a better claims record.

Does workers’ comp pay for a fryer burn?

A burn suffered on the job is generally a compensable injury, with medical and lost-wage benefits paid under South Carolina law. See does workers’ comp cover kitchen burns.

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Restaurant Workers’ Compensation in South Carolina