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 state-specific and the schedule must list the protected party. Some states require additional state-specific endorsements; check policy jurisdiction. Premium for a WC waiver is typically modest (5–10% 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 'as required by written contract' with the matching contract clause).
- 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.
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 blanket WC waiver applies in all states — some states have specific endorsement requirements.
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