Ask in writing, not by phone, and attach the records that prove what the person actually does. Send it to the department that prices your policy (underwriting) or the one that checks your payroll at year end (premium audit), naming each employee and the job category you believe is right. If the insurer refuses, your state's rule setting group can inspect your business and rule on it. Who this is for: contractors who think an employee is rated wrong.
The short version
- Step one is a written request to the insurer, with records attached. Phone calls do not count.
- If the insurer says no, the group that writes your state's job category rules can inspect your business and rule on it.
- The state insurance department handles disputes after that. Time limits vary, so start early.
- A correction usually applies to the current policy and often to prior years, which can mean a refund.
- A broker can run the whole process for you, from the written request to the bureau.
Who decides which category my payroll is in?
Three parties, in order. Your insurance company assigns the job category when it quotes the policy, and confirms it at the year end payroll check. Next is the group that writes the job category rules for your state and has the last word on how they apply. Brokers call it the rating bureau, and in most states it is the National Council on Compensation Insurance (NCCI). Your state insurance department oversees both.
| Step | Who you ask | What you send | How long it usually takes (illustrative) |
|---|---|---|---|
| 1. Written request | The insurer's audit or underwriting department, through your broker | A cover letter and the records that prove the duties | Two to four weeks for a written answer |
| 2. Bureau inspection or ruling | The rating bureau for your state | Your request, the insurer's refusal, and the same records. It may send an inspector | Several weeks to a few months |
| 3. Dispute | The state insurance department, or the bureau's dispute process | The whole file | Deadlines vary by state, so ask before you rely on this step |
This ladder is for states with private insurers. In North Dakota, Ohio, Washington, and Wyoming you buy from the state fund, so the fund decides your category and hears your challenge through its own protest and appeal steps. Ask what its deadline is.
How do I write the request?
One page, plus attachments. Say who you are, what you want, and why.
- Policy number and period, and whether you are asking about the current policy, a prior one, or both.
- Each employee, the category they are rated in now, and the category you believe is right.
- One paragraph on duties: what the person does, where, and how often they leave the office. Describe duties, not titles.
- The list of attached records. Job descriptions, payroll registers, time records, photos, an organizational chart. See what records you need.
- The ask. A revised category, a revised premium, a refund for any prior period the rules allow, and a written reply that cites the rule if the answer is no.
Send it by email so you have a dated copy, and follow up at two weeks.
What if the insurer says no?
Ask for the reason in writing, with the rule it relies on. Often the answer is a missing record, and you can fix that. If the insurer still refuses, go to the rating bureau. In most states it runs an inspection program: an inspector visits, interviews you and your employees, and issues a written ruling. In most states the insurer has to apply the bureau's rules, so a ruling usually settles it. Ask whether it binds your insurer where you are, and what the appeal deadline is.
If that does not resolve it, the state insurance department takes disputes, and some bureaus have their own appeal process. Deadlines apply at each step, some measured from the audit bill.
How far back can the correction go?
The current policy, usually. If the category was wrong from the start, the insurer normally applies the corrected category back to the policy start date and reworks the premium. If the duties changed part way through the year, the new category applies from that date. Many states also allow a correction to reach back a year or more, and the difference comes back as a refund. Start as soon as you suspect a problem.
What are the common mistakes?
- Calling instead of writing. A call leaves no record and no deadline.
- No records. A request that says "she is basically office staff" gets a no. See how to spot it.
- Describing titles, not duties.
- Asking for clerical for someone who visits sites, supervises the crew, or does any physical work. Clerical fails in all three cases. Ask instead for the supervisor or job site estimator category your state allows.
- Missing the deadline. Time limits vary. Start the week you notice.
One honest caution. A bureau inspection looks at everyone, not just the employee you asked about. If some payroll is rated too low, the inspector will say so.
What this looks like in real life
Illustrative example. It is typical of what we see and is not a promise of how any specific situation would be handled.
The setup: A masonry contractor in Texas has an office manager earning $50,000 who works in a walled office on the second floor of the shop. Her payroll is rated under masonry at an illustrative $9 per $100, or $4,500 a year. The office category would be about $150.
What went wrong: The owner asks the auditor to change it during the audit visit. The auditor notes the request but leaves the category alone. A follow up call goes nowhere.
What it cost: The broker sends a written request with her job description, dated photos, and the payroll register. The insurer refuses again, saying she "supports field operations." The broker asks the rating bureau for an inspection. The inspector rules for the owner, and the insurer corrects both years and refunds about $8,700, illustrative.
The fix: Put it in writing, attach the records, and do not stop at the insurer. The bureau ruling took about ten weeks.
Frequently asked questions
Q: How do I ask for a workers comp classification review?
Write to your insurer's audit or underwriting department, name each employee and the category you believe is right, explain the duties, and attach the records. If the insurer refuses, ask your state's rule setting group to inspect and rule.
Q: Can I just call my insurance company?
You can, but it rarely works and leaves no record. Insurers change categories on paper, with records attached. Put the request in writing and ask for a written answer.
Q: What if my insurer refuses to change the category?
Ask for the reason and the rule in writing. Then request an inspection or ruling from the rating bureau for your state. In most states the insurer has to apply the bureau's rules, so a ruling usually settles it.
Q: Will I get a refund for past years?
Often. The correction usually applies to the current policy from its start date, and many states allow it to reach back one or more prior years. Time limits vary, so start as soon as you suspect an error.
Q: Can asking for a review backfire?
It can, if some of your payroll is rated too low. A bureau inspector looks at every employee, not just the one you asked about. Review your whole payroll with your broker first.
Q: Will asking for a review make my insurer drop me?
Asking is not a reason to non renew you, and the request goes to the same people who price the policy each year. What moves an insurer is claims and the kind of work you do.
How Morrow helps
Morrow is a licensed independent commercial insurance brokerage that works with contractors and trades every day. Writing the classification request, sending it to the insurer, and taking it to the rating bureau if the insurer says no is part of how we service a contractor's workers comp.
- Free contract review. Send us the contract or bid documents and we mark up the insurance section in plain English, whether or not you buy anything from us.
- Free, instant certificates. Clients issue their own certificates of insurance online in about a minute, any hour, any day, at no charge.
- Markets you cannot reach online. One application, shopped across many insurance companies for general liability, workers comp, auto, umbrella, and pollution coverage.
One more thing. This article is general information and is not legal advice or a statement of coverage. Your contract and your policy wording control in every case. Requirements vary by customer, by state, and by insurance company, so have a licensed advisor review your own contract and your own policy before relying on any of it.
Last updated: Reviewed by the Morrow commercial lines team. Last updated September 2026.