Workers’ Compensation: Why What You Were Doing Matters More Than What You’re Called

• Workers’ Compensation: Job Duties vs Job Titles
• Occupational Codes: Why They Matter More Than You Think
• Job Duties vs Job Titles: What Actually Controls in a Permanent Disability Analysis
• How Job Duties Are Determined and Why Problems Start Early
• Why Misclassification Reduces Permanent Disability Benefits
• What If You Had Multiple Roles or Changing Duties?
• When and How Job Duties Can Be Challenged
• Why Waiting Is Risky

This distinction becomes critical when permanent disability is evaluated. Insurance companies routinely rely on employer-provided job titles and simplified classifications that do not reflect real-world job duties. When that happens, the occupational code applied to the case may quietly reduce the value of permanent disability benefits.

Understanding this issue early is one of the most effective ways injured workers can protect the long-term value of their claim. The consequences of misclassification are often invisible at first, but difficult to correct later.

Key Takeaways

• In California workers’ compensation cases, job duties matter far more than job titles when permanent disability is evaluated.
• Insurance companies rely heavily on employer-provided job descriptions, which are often incomplete or inaccurate.
• An incorrect occupational code can quietly reduce permanent disability benefits and is difficult to correct later.
• Disputes over job duties are resolved through sworn testimony, not paperwork, and often require attorney involvement to address properly.

Workers’ Compensation: Job Duties vs Job Titles

Job titles are convenient for payroll systems and organizational charts. They are far less reliable when it comes to describing the physical reality of a job.

In real-world workplaces, many employees perform duties that extend well beyond what their official title suggests. This is especially common in roles that blend supervision with hands-on labor. Examples include:

• “Working foremen” or supervisors who regularly perform physical tasks alongside their crews
• Lead employees who split time between oversight responsibilities and manual labor
• Office or administrative employees who are routinely required to lift, move equipment, travel to job sites, or perform field work

Despite this reality, insurance companies default to job titles and generalized employer descriptions because they are easy to apply and rarely challenged at the outset of a claim. Claims adjusters typically rely on a single source of information: what the employer reports. There is no independent investigation into what the job actually involved.

When an employer minimizes or oversimplifies job duties, that version of events often becomes the foundation for later evaluations, even if it does not reflect how the injury actually occurred.

Occupational Codes: Why They Matter More Than You Think

In California, every occupation has been reduced to a three-digit occupational code. That code is later used as part of the permanent disability rating analysis.

While the permanent disability rating process itself is highly technical and not something most injured workers ever see broken down, the impact of the occupational code is significant. The system assumes the code accurately reflects the nature of the work being performed. If it does not, the resulting permanent disability value may be understated.

Key points injured workers should understand:

• The occupational code applied to your case affects how your permanent disability is valued
• Insurance companies rely on employer-provided job classifications to select that code
• Incorrect or incomplete job duty descriptions can quietly reduce benefits without obvious warning signs

Unless challenged, the occupational code selected early in the case often follows the claim all the way through resolution.

Job Duties vs Job Titles: What Actually Controls in a Permanent Disability Analysis

In workers’ compensation cases, the most important duties are the specific tasks being performed at the time of injury.

Not:

❌Your long-term job history
❌How your duties evolved after the injury
❌Whether your role was described as physical or sedentary overall
❌Whether you held multiple roles or responsibilities

Permanent disability is not based on job labels or future earning capacity. Since 2004, it has been based on functional impairment and how that impairment affects activities of daily living. The occupational code is meant to reflect the work being performed when the injury occurred, not an abstract description of the job. Understanding this helps explain why early misclassification can have lasting consequences.

How Job Duties Are Determined and Why Problems Start Early

Insurance claims adjusters do not independently evaluate job duties. Instead, they rely almost entirely on the employer’s description of the injured worker’s role.

This creates predictable problems:

• Employers may rely on outdated or generic job descriptions
• Written descriptions may not exist at all
• Physical aspects of the job may be understated or omitted

Once this information is placed into the claim file, it often becomes the assumed truth. Medical evaluators and other parties may rely on it unless someone actively corrects the record. This is why early clarification matters and why waiting can allow inaccuracies to harden into accepted facts.

📄 A Common Misconception: “I Need Paperwork to Prove My Job Duties”

Many injured workers worry they must produce written job descriptions or formal documentation to prove what they did at work.

In reality, job duties are almost never proven through paperwork.

Instead, disputes over occupational classification are resolved through:

• Deposition testimony
• Trial testimony before a workers’ compensation judge

This process typically only occurs after an injured worker retains an attorney. Without representation, there is rarely an opportunity or mechanism to challenge an inaccurate occupational classification.

Why Misclassification Reduces Permanent Disability Benefits

When job duties are mischaracterized, the occupational code applied may not reflect the true physical demands of the work. That misalignment can reduce the permanent disability value without the injured worker ever realizing it happened.

This is not always intentional. Employers often provide simplified or incomplete job descriptions, and insurance companies rely on that information by default. Once an incorrect version of job duties is accepted early in the case, correcting it later becomes significantly more difficult.

Medical evaluations play a critical role in this process. Even when an employer provides inaccurate job information to the insurance company, injured workers technically have the opportunity to explain their actual duties directly to a qualified medical examiner (QME). However, QMEs conduct medical-legal evaluations, not advocacy sessions. Without guidance, important details about job duties may be missed, minimized, or framed imprecisely.

As inaccurate job descriptions are repeated in medical reports and evaluations, they become embedded in the record. This is why occupational misclassification often persists unless an attorney is involved to ensure the correct facts are presented early and preserved throughout the case.

What If You Had Multiple Roles or Changing Duties?

Workers frequently ask whether multiple job roles, temporary assignments, or changing responsibilities affect permanent disability.

The answer is consistent:

• Only the duties being performed at the time of injury are relevant
• Seasonal work, part-time schedules, or side jobs do not factor into the analysis
• Modified or temporary duties matter only if they were the tasks being performed when the injury occurred

This narrow focus surprises many workers, but it underscores why precision matters early in the claim.

When and How Job Duties Can Be Challenged

Job duty classification can be challenged, but not informally. The process generally involves sworn testimony, either at deposition or trial.

This is where attorney involvement becomes critical. An experienced workers’ compensation attorney knows how to:

• Identify misclassification issues early
• Develop testimony that accurately reflects real job duties
• Address inconsistencies between employer reports and worker testimony
• Prevent inaccurate assumptions from controlling the case

Without this intervention, the employer’s version often goes unchallenged.

Why Waiting Is Risky

One of the most common mistakes injured workers make is assuming inaccuracies will “work themselves out.” They rarely do.

Once an incorrect description of job duties is repeated across employer reports, medical evaluations, and claim documents, it becomes increasingly difficult to undo. Those details begin to shape how permanent disability is evaluated and valued, even if they do not reflect the reality of the work that caused the injury.

Addressing job duty issues early helps preserve the integrity of the claim. It ensures that permanent disability is assessed based on what actually happened, not on assumptions or oversimplified titles. By the time a case reaches its later stages, waiting is no longer a neutral choice. It can directly affect the benefits an injured worker ultimately receives.

Frequently Asked Questions About Job Titles and Occupational Codes

Does my official job title determine my workers’ compensation benefits?
No. In California workers’ compensation cases, your official job title does not control how permanent disability is calculated. What matters is the specific work you were performing at the time of injury. Job titles are often used as shortcuts by employers and insurance companies, but they frequently fail to reflect the true physical demands of the job.

What if my employer’s job description does not match what I actually did at work?
This is common. Employers often rely on generic or outdated job descriptions that leave out physical duties. If that description is accepted without challenge, it may lead to the application of an incorrect occupational code. These disputes are not resolved through paperwork. They are addressed through deposition or trial testimony, typically after an injured worker retains legal representation.

Can an incorrect occupational code really reduce my permanent disability benefits?
Yes. Occupational codes are part of the formula used to calculate permanent disability. If the code does not accurately reflect the physical demands of your job at the time of injury, the resulting disability rating may be lower than it should be. Once an incorrect code is embedded in employer reports and medical evaluations, correcting it later becomes much more difficult.

About Kniesler & Schondel

Kneisler & Schondel is a California workers’ compensation law firm focused exclusively on representing injured workers. For decades, we have helped clients protect their benefits and navigate complex disputes within the workers’ compensation system.