Waiver of Subrogation Workers' Comp: Can You Agree?

Waiver of subrogation on workers' comp: yes, you can agree once your carrier endorses. Costs $0–$250 or 1–5% of premium. Get the endorsement before signing.

Updated 7 minute read

This content is general information only and is not legal, tax, financial or insurance advice. Speak to an appropriately licensed professional before acting on it.

Yes, you can almost always agree to a waiver of subrogation on your workers' comp policy in a subcontract, but only after your insurer adds the endorsement in writing. A waiver of subrogation on workers' comp is a standard, routine GC requirement, and it is legal in every state except a small number that restrict or prohibit it. The waiver itself costs $0 to $250 or roughly 1% to 5% of your workers' comp premium as a small surcharge, and it must appear as an endorsement (not just a line on your certificate of insurance) before the clause is satisfied.

Last updated: August 2026. Pricing verified August 2026 — changes often; verify before committing.

Methodology: factual legal summary, not ranked advice. Sourced from public regulatory, insurance rating bureau, and standard construction contract references.

TL;DR

What is a waiver of subrogation on workers' comp?

A waiver of subrogation is a clause where your workers' comp insurer gives up its right to recover money from the general contractor after paying a claim to your injured employee. Normally, if your worker gets hurt on a job the GC caused, your insurer pays the claim and then sues the GC to get that money back. That recovery right is called subrogation. When your policy carries a waiver, your insurer promises not to chase the GC.

That is exactly why the GC wants it. The clause protects the GC from being on the hook for injuries to your crew. It is one of the three or four standard requirements you will see on almost every insurance requirements exhibit, alongside additional insured status and primary and non-contributory wording.

The endorsement itself is a filed form. The National Council on Compensation Insurance (NCCI) publishes the standard Waiver of Our Right to Recover from Others Endorsement (WC 00 03 13), which most states adopt or mirror. You can confirm form availability and any state-specific variation through NCCI or your state rating bureau.

Why the GC wants a waiver of subrogation on your policy

The mechanics are national and largely identical across states. The GC is transferring risk down to your policy. If your worker is injured on site, the GC does not want your insurer coming back to recover from them. A waiver of subrogation workers' comp endorsement is how your carrier documents that it agrees. This is not a negotiation trick, it is standard construction contracting practiced on nearly every commercial project. Industry-standard contract families such as the AIA A201 General Conditions and the ConsensusDocs / AGC standard forms include waiver-of-subrogation language precisely because it is expected.

Can I agree to a waiver of subrogation on workers' comp?

Yes in most states, once your carrier issues the endorsement. The question "GC wants waiver of subrogation on my policy" is one of the most common paperwork moments a subcontractor hits, and the answer is usually "you can sign it once you fix one thing" — that one thing is getting the endorsement in hand.

Here is the catch that trips up owners: agreeing to the clause in the contract does not by itself put a waiver on your policy. Signing the subcontract creates a promise; the waiver only becomes real when your insurer files or issues the WC 00 03 13 endorsement (or the state equivalent) against your policy. If a claim happens and there is no endorsement, your carrier can still subrogate against the GC — leaving you in breach of the contract you signed. So the sequence matters:

  1. Confirm your state allows the waiver. A small number of states restrict or prohibit workers' comp subrogation waivers, and a few require specific consent or filing steps. Verify current rules through your state insurance regulator (see the NAIC state insurance department directory).
  2. Ask your carrier to add the endorsement in writing. Request WC 00 03 13 (or your state's version) naming the GC, and confirm any surcharge before it binds.
  3. Send the endorsement, not just the COI. A certificate references the waiver but does not prove it; the endorsement form is the document the GC's compliance team actually needs.
  4. Match the deadline. If your carrier cannot endorse before the certificate deadline, do not sign until timing is resolved.

Get those four steps done and you can agree with confidence.

Frequently asked questions

Does a certificate of insurance prove I have the waiver? No. The COI may list a waiver of subrogation, but only the endorsement form (commonly WC 00 03 13) actually amends your policy and satisfies the GC.

How much does a workers' comp waiver of subrogation cost? Typically $0 to $250, or roughly 1% to 5% of your workers' comp premium as a small surcharge. Some carriers bundle blanket waivers at no additional charge. Confirm with your carrier before binding.

Can I agree to it in every state? In most states, yes, once your carrier endorses the policy. A small number of states restrict or prohibit the waiver, so verify current rules through your state insurance department before signing.

Frequently asked questions

What is a waiver of subrogation on workers' comp?

A waiver of subrogation is a clause where your workers' comp insurer gives up its right to recover money from the general contractor after paying a claim to your injured employee. Normally, if your worker gets hurt on a job the GC caused, your insurer pays the claim and then sues the GC to get that money back. When your policy carries a waiver, your insurer promises not to chase the GC.

Can I agree to a waiver of subrogation on workers' comp?

Yes in most states, once your carrier issues the endorsement. The key catch is that agreeing in the contract is not the same as your policy actually providing it. You can sign a clause promising a waiver, but if your workers' comp carrier never endorses the policy, you are in breach the moment a claim happens. The contract language and the policy endorsement must match.

How much does a waiver of subrogation cost?

The waiver costs $0 to $250 or roughly 1% to 5% of your workers' comp premium as a small surcharge. It must appear as an endorsement (not just a line on your certificate of insurance) before the clause is satisfied.

Which states restrict or prohibit workers' comp subrogation waivers?

A small number of states restrict or prohibit workers' comp subrogation waivers. Missouri, Utah, and a handful of others limit them. Because workers' comp is state-administered in all 50 states, whether a waiver is enforceable and how much it costs varies by state. Check your state workers' comp agency and confirm with your carrier before you sign.

Does a certificate of insurance prove the waiver?

No. A certificate of insurance (COI) does not prove the waiver. The endorsement form (often WC 00 03 13) is the only document that satisfies the GC.

Why does the GC want a waiver of subrogation on your policy?

The GC is transferring risk down to your policy. If your worker is injured on site, the GC does not want your insurer coming back to recover from them. A waiver of subrogation workers comp endorsement is how your carrier documents that it agrees. This is standard construction contracting practiced on nearly every commercial project.