Waiver Of Our Right To Recover From Others Endorsement
Workers' comp waiver of subrogation — the sub's WC carrier agrees not to pursue the GC after paying an injured worker.
What it actually does
WC 00 03 13 is the workers' compensation waiver of subrogation. If a sub's worker is injured on the job site, the sub's WC carrier pays benefits — but absent a waiver, the carrier might then sue the GC alleging the GC contributed to the unsafe condition. WC 00 03 13 waives that right against a named party.
This is often required by GCs because the alternative is ugly: a worker gets hurt, gets paid by their employer's WC, and then the worker's WC carrier sues the GC seeking reimbursement. The waiver shuts that down.
The form is issued in two flavors — *specific* (the protected party is scheduled) and *blanket* (it applies to anyone the insured is required by written contract to waive against). It is state-specific and the schedule must list the protected party for the specific version. Some states require additional state-specific endorsements; check policy jurisdiction. Premium for a WC waiver is typically modest (often 2–5% of the WC premium) but it's not free, so subs sometimes don't carry it unless explicitly required.
Verification checklist
- 01Verify the schedule lists the GC by exact legal name (or confirm the blanket version is in force).
- 02Confirm the policy is in force and covers the state of operations.
- 03Cross-check that the COI's Workers' Comp section actually shows the waiver — many COIs miss this even when the endorsement exists.
- 04If multi-state work, confirm the waiver applies to all states involved.
Which edition do you have?
WC 00 03 13 itself is the standard NCCI waiver form; the meaningful distinction is *blanket* vs *scheduled*. A scheduled waiver lists each protected party by name; a blanket waiver applies automatically to anyone the insured has agreed in a written contract to waive against. If your subcontract relies on automatic waiver, confirm the blanket version is in force, not a scheduled one missing your name. (Note: some states, such as monopolistic-fund states, handle WC waivers differently.)
Common mistakes
- ·Forgetting to require WC waivers — many subcontracts get the CGL waiver but skip WC.
- ·Accepting the COI's checkbox without confirming the underlying endorsement.
- ·Assuming a scheduled waiver is blanket — a scheduled form that doesn't name you provides no protection.
Frequently asked questions
Why require a workers' comp waiver of subrogation?
Without it, after the sub's WC carrier pays an injured worker, it can sue you (the GC) to recover those benefits if it argues you contributed to the injury. The waiver blocks that recovery action.
What's the difference between a blanket and scheduled WC waiver?
A scheduled waiver lists each protected party by name; a blanket waiver applies automatically to anyone the insured is contractually required to waive against. Blanket is safer for GCs because it can't 'miss' your name.
Does a CGL waiver (CG 24 04) cover workers' comp claims?
No. The CGL waiver and the workers' comp waiver are separate endorsements on separate policies. You need WC 00 03 13 specifically for workers' comp subrogation.
Checking a COI for WC 00 03 13?
Upload it free — we'll tell you whether WC 00 03 13 is actually attached, the right edition, and scheduled correctly, plus every other gap against your requirements.
Check a COI for WC 00 03 13 →Related endorsements
This page explains WC 00 03 13 in plain English for COI verification. It is informational only and is not legal or insurance advice — confirm the actual endorsement language and have your counsel or insurance agent review your specific requirements.