Workers' comp waiver of subrogation, explained
After paying an injured worker, a workers' compensation insurer may have the right to recover from a third party that contributed to the injury. A waiver of subrogation endorsement gives up that recovery right against the party named or covered by the waiver—often the project owner or general contractor.
Contracts use the waiver to preserve their risk allocation: the subcontractor's workers comp policy responds to the employee injury without the carrier later pursuing the hiring party for reimbursement.
WC 00 03 13 and state-specific forms
WC 00 03 13 is the standard 'Waiver of Our Right to Recover from Others' endorsement used in many jurisdictions. Workers' compensation is state-regulated, so state-specific forms and rules can apply. The endorsement may name one party or operate on a blanket basis where a written contract requires the waiver.
Blanket versus scheduled waiver
A scheduled waiver lists the protected organization and may limit the waiver to particular work. A blanket waiver applies to qualifying parties whenever the insured agreed in writing to provide it. With a blanket form, verify the signed contract was in place before the loss and falls within the endorsement wording.
Does a workers comp waiver cost extra?
A premium charge may apply. The amount and rating method vary by insurer, state and whether the waiver is blanket or scheduled. The certificate itself is usually free; any charge relates to changing the policy through the endorsement.
How to verify it on a COI submission
A sentence in the certificate description is not a substitute for the endorsement. Request the form whenever the contract requires the waiver.
- The workers comp SUBR WVD indicator is checked on the certificate.
- The actual waiver endorsement is attached.
- The policy number matches the workers comp policy shown on the face.
- Your exact entity is scheduled, or the blanket wording and written contract apply.
- Any job, state or class limitations include the work being performed.
Frequently asked questions
Is a workers comp waiver the same as additional insured status?
No. Workers' compensation generally does not add the hiring party as an additional insured. The waiver limits the carrier's recovery rights after it pays a worker's claim.
Can every state use WC 00 03 13?
No. Workers' compensation endorsements are subject to state rules and some jurisdictions use state-specific forms. Confirm the applicable form with the issuing broker or carrier.
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