WC 00 03 13
Waiver of Our Right to Recover from Others (WC 00 03 13)
Provides a waiver of subrogation under workers’ compensation and employers liability in favor of required parties.
What Does This Coverage Include?
- Modifies the Workers’ Compensation and Employers Liability policy to address contract requirements related to recovery rights after an employee injury claim.
- Provides a **Waiver of Subrogation**, meaning the insurer agrees (as allowed by the endorsement) not to pursue certain third parties for reimbursement after paying benefits for a work-related injury.
- Applies to qualifying claims under workers’ compensation (statutory benefits) and may also impact employers liability exposures, depending on the endorsement language and jurisdiction.
- Supports contracts where an owner, general contractor, or client requires the employer’s carrier to waive rights of recovery—often to reduce cross-litigation between project participants.
- Most often used for contracts where employee injury claims could otherwise trigger recovery actions against upstream parties, disrupting risk allocation.
Why Is This Endorsement Important?
- Helps satisfy contracts that require a **waiver of subrogation** so the workers’ compensation carrier does not seek recovery from specified upstream parties after an employee injury claim.
- Reduces the chance of cross-litigation between project participants—supporting smoother risk transfer when multiple parties are involved in the work environment.
- Can protect relationships and project continuity by aligning the insurance response with the contract’s allocation of responsibility for workplace injuries.
- Makes certificate and endorsement review more straightforward by clearly signaling whether waiver of subrogation obligations are supported by the policy.
How Do You Review This Coverage?
- Ensure that policy number - when printed - matches the COI
- Ensure that expiration date - when printed - is not yet expired
- Ensure that no invalidating watermarks (e.g. Sample) are included
- Ensure the boxes contain full blanket language or the additional insured entities and locations that match your contract.
- Review any specific limitations or restrictive language.
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