You need six kinds of records, and the most important is a written job description for each employee. A classification is just the job category your payroll is rated under, and the insurer will change one only when the paperwork shows what each person actually does, where, and for how many hours. Who this is for: contractors who believe an employee is rated in the wrong category and want the request to stick.
The short version
- Six records do most of the work: job descriptions, time records by task, payroll broken out per person, an organizational chart, work area photos, and subcontractor certificates.
- The records have to agree with each other. A job description that says office only fails if the time cards show site hours.
- For an office employee you rarely need time cards. For splitting payroll between field categories you always do.
- Keep everything at least three years, and five is better, because corrections can reach back.
- Send the package in writing with a one page letter naming the category you believe is right.
Which records do I need, and what does each one prove?
An insurer will not change a category on a phone call. It changes one when the paper shows the duties.
| Record | What it proves | Tips |
|---|---|---|
| Written job description, one per employee | What the person does, where, and whether the role includes shop or field work | One page. Honest. Signed and dated |
| Time records by task | Hours in each category, the only way to split one person's payroll | Made at the time, not rebuilt. Totals must match payroll |
| Payroll register, the report from your payroll service listing wages per person | That each person's payroll can sit in its own category | Tie the totals to your payroll tax filings |
| Organizational chart | Who directs the crew on site, which decides whether a manager fits a supervisor category | Names, titles, one line each |
| Photos or a sketch of the work area | That it is separated from the shop or yard by a floor, wall, partition, counter, or similar barrier, and sits away from the work itself | Show the barrier and how far the desk is from the machines. Date the photos |
| Subcontractor certificates | That each sub carried its own workers comp, so you are not charged for that sub | Collect before the sub starts, and keep the sub's payroll records or invoices, because without payroll the insurer can charge on the contract price |
What will the insurer be checking?
Consistency. The person the insurer sends to check your real payroll at year end, the auditor, reads the job description first, then checks it against the payroll register and the time records. If the description says the bookkeeper never leaves the office and the mileage log shows weekly site trips, it fails.
The auditor also looks at the space. For the clerical category the work area has to be kept apart from the shop or yard by a barrier and away from the work itself. A desk in the open shop does not count, and photos settle it. See the full clerical test.
Which records matter for which kind of correction?
| What you are trying to fix | Records that carry the weight |
|---|---|
| Office employee rated at the field rate | Job description, work area photos, payroll register |
| Project manager or estimator rated at the field rate | Job description, organizational chart, site visit log |
| Mixed trade crew all rated at the highest rate | Time records by task, payroll register |
| Charged for a subcontractor | Certificates for each sub, invoices, the sub's payroll records |
For supervisor categories see estimators and project managers. For time records see splitting payroll between categories.
How far back do I need records?
For the current policy year, always. Most states also let a correction reach back to prior years, within time limits that vary, and that can mean a refund. So keep payroll, time, and job records at least three years, and five is better, because the premium audit, the insurer's year end payroll check, can also be reopened in many states.
How do I put the package together?
- Write a one page cover letter. Name each employee, the category they are rated in now, the category you believe is right, and the reason in one sentence.
- Attach one packet per employee. Job description on top, then the records for that fix.
- Add the payroll register for the period you want corrected.
- Send it in writing to your broker or the insurer's audit department, and note the date.
- Follow up in two weeks. If the insurer refuses, the group that writes the job category rules for your state (the rating bureau) or your state insurance department can review it. See how to ask for a review.
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 painting contractor in New York has an office manager earning $46,000 and an estimator earning $70,000. Both are rated in painting at an illustrative $7 per $100, about $8,100 a year. The owner calls the insurer and says they are "basically office staff." The insurer says no.
What went wrong: There were no records. The insurer had a payroll register with two names on it and nothing about duties or where anyone sat.
What it cost: The broker sends job descriptions, an organizational chart, dated photos of the second floor office, and payroll registers. The insurer moves the office manager to the clerical category at an illustrative $0.30 per $100, a refund of roughly $6,000. The estimator stays in painting because he visits sites daily and there is no log to support the separate job site estimator category.
The fix: The office manager moved because the records were complete. The estimator starts a site visit log the same week.
Frequently asked questions
Q: What records do I need to correct a workers comp classification?
Written job descriptions, time records showing hours by task, payroll broken out per person, an organizational chart, photos of the work area, and certificates from your subcontractors. Which matter most depends on the fix.
Q: Is a job description enough on its own?
Usually not. A job description says what the role is supposed to be. The insurer wants proof of what happens, so pair it with the payroll register and, for an office employee, photos.
Q: Do I need time cards for an office employee?
Not usually. An office employee's payroll is all in one category, so there are no hours to divide. Time cards matter when one person's payroll is split between two field categories.
Q: Can I write the job descriptions now for a past year?
You can, and you should, but they carry less weight than records made at the time. Pair them with payroll registers, tax filings, photos, and anything dated from that year.
Q: Why do subcontractor certificates matter to my own classification?
If a sub had no workers comp of their own, most states let the insurer charge you for that sub at audit, at the rate for the sub's own kind of work. If you can show the sub's actual payroll, the charge is built on that. If not, the insurer can charge on the contract price. A one person sub with no policy gets charged to you too.
Q: Who actually reviews the records?
First the insurer's audit or underwriting department. If they refuse, the group that writes the job category rules for your state (the rating bureau) can rule on it, and the state insurance department handles disputes. In North Dakota, Ohio, Washington, and Wyoming the state fund assigns the category and hears your challenge through its own protest and appeal steps.
How Morrow helps
Morrow is a licensed independent commercial insurance brokerage that works with contractors and trades every day. Pulling these records together into a correction request and following it through with the insurer 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.