A workers comp waiver of subrogation means your workers comp insurance company gives up its right to go after your customer for money it paid on an injured employee's claim. Most small business workers comp policies do not have one unless you or your broker asked for it. To know for sure, check the list of added pages (endorsements) on the front page of your policy for a form with "waiver" or "right to recover" in its title. Who this is for: owners whose customer wants the workers comp waiver box checked and who are not sure it can be.
The short version
- The front page of your workers comp policy lists every change added to it. A waiver, if you have one, shows there by number and title.
- Most workers comp policies do not include a waiver unless someone asked. Assume no until you see the page.
- A waiver on your general liability policy does not carry over. Workers comp is a separate policy with its own list.
- If the waiver names one customer, it only works for that customer. Blanket wording covers anyone you sign a written contract with.
- If it is missing, your broker can add one in one to three business days.
Where on my workers comp policy do I look?
The first page is called the Information Page. It is the page with your business name, your states, and your payroll estimates on it, and near the bottom it lists every endorsement attached to the policy. That list is where you look.
- Find the endorsement list on the Information Page. It is Item 3.D, right above the section that lists your class codes (the job categories your payroll is rated under) and your premium. Each form is listed by number and title.
- Scan for "Waiver" or "Right to Recover." The national waiver form is titled "Waiver of Our Right to Recover From Others." Texas has its own version.
- Turn to that page. It sits behind the main policy wording. Read the box in the middle. What is typed there tells you who the waiver covers.
If you cannot find your policy, ask your broker. It takes them two minutes.
What will the waiver page say?
| What you see | What it means |
|---|---|
| Form WC 00 03 13, "Waiver of Our Right to Recover From Others" | You have the workers comp waiver. Who it covers depends on the box below the title. |
| The box reads "Blanket" or "any person or organization for whom you have agreed by written contract to furnish this waiver" | Blanket wording. Every customer you sign a written contract with is covered. No new endorsement per job. |
| The box lists one or more company names | Scheduled wording. Only those companies are covered. A new customer needs a new entry. |
| Form WC 42 03 04 | The Texas version of the waiver. Read its box the same way. |
| No form with "waiver" or "recover" in the title | Your policy has no waiver. Your broker needs to add one before you can check the box for a customer. |
Why does my general liability waiver not count here?
Because they are two different policies, often from two different insurance companies. Many contractor general liability policies include a blanket waiver as part of a package. Your workers comp policy does not inherit it. The waiver there is priced on its own and added only when someone asks.
That mix up is the most common one on certificate requests. The owner knows there is a waiver "on the policy" and assumes it means every policy. Check each one. For the general liability side, see does my policy already include a waiver.
How do I tell if the waiver covers this customer?
Read the box on the waiver page. Blanket wording covers any customer you signed a contract with, so keep the contract. Scheduled wording needs the customer's exact legal name ("Northside Builders" is not "Northside Builders Group, LLC"). Then check that the state of the job is one your policy lists. If it is not, call your broker before anything else.
Is the check box on my certificate proof?
No. A certificate of insurance is a one page summary of your policies, limits, and dates. The waiver column only says the endorsement exists. It is not proof. If your customer asks for the page and there is none, the certificate is wrong and you are the one who broke the contract. See how the waiver shows on a certificate.
What if it is not there?
Ask your broker to add it. Give them the customer's legal name, the job address, and your payroll on the job. Most insurance companies issue the endorsement in one to three business days and charge about 2% to 5% of the premium for that payroll, or a flat minimum (illustrative; your trade, payroll, state, and insurance company set the real number). A few states restrict workers comp waivers, so ask before you promise one. The full steps are in how to get a workers comp waiver.
What this looks like in real life
Illustrative example. It is typical of what we see and is not a promise of how any specific situation would be handled.
The setup: A concrete subcontractor in California lands a $210,000 flatwork job. The general contractor (GC) sends a certificate request with the workers comp waiver box checked. The owner's general liability policy has a blanket waiver, and he assumes his workers comp does too, so his office issues the certificate with both boxes checked.
What went wrong: The GC's insurance desk asks for the workers comp endorsement page. There is none. The certificate has to be reissued, and the owner has to admit the first one was wrong.
What it cost: Three working days waiting for the workers comp waiver, about $4,800 in idle crew time, plus a charge of about $330 (illustrative) for the endorsement on $130,000 of payroll.
The fix: Never check a box you have not seen the page for. Two minutes with the Information Page would have shown the waiver was missing, with time to fix it.
Frequently asked questions
Q: Does my workers comp policy already have a waiver of subrogation?
Probably not, unless you or your broker asked for one. Check the endorsement list on the front page of your policy (the Information Page). Look for a form with "Waiver" or "Right to Recover" in its title. If it is not listed, you do not have it.
Q: What does the workers comp waiver do?
It stops your workers comp insurance company from suing your customer to get back money it paid on your employee's injury claim. Your employee's benefits do not change. Only your insurance company's right to recover does.
Q: My general liability policy has a blanket waiver. Does that cover workers comp too?
No. They are separate policies with separate endorsement lists, and often separate insurance companies. The workers comp waiver has to be added to the workers comp policy on its own.
Q: Where do I find the list of changes added to my workers comp policy?
On the Information Page, the first page of the policy, at Item 3.D, just above the class code and premium table. It shows each form by number and title.
Q: The waiver names one company. Does it work for my new customer?
No. A scheduled waiver covers only the names typed on the page. Your broker can add the new customer, or switch you to blanket wording that covers anyone you sign a written contract with.
Q: Can my broker just check for me?
Yes. Your broker has the policy on file and can read the endorsement list in a couple of minutes. Ask for a copy of the waiver page at the same time so you have it for the next certificate.
How Morrow helps
Morrow is a licensed independent commercial insurance brokerage that works with contractors and trades every day. Pulling a workers comp policy, reading the endorsement list, and telling an owner in plain English whether the waiver is there is something we do several times a week.
- Free contract review. Send us the contract or bid documents and we mark up the insurance section in plain English, whether or not you buy anything from us.
- Free, instant certificates. Clients issue their own certificates of insurance online in about a minute, any hour, any day, at no charge.
- Markets you cannot reach online. One application, shopped across many insurance companies for general liability, workers comp, auto, umbrella, and pollution coverage.
One more thing. This article is general information and is not legal advice or a statement of coverage. Your contract and your policy wording control in every case. Requirements vary by customer, by state, and by insurance company, so have a licensed advisor review your own contract and your own policy before relying on any of it.
Last updated: Reviewed by the Morrow commercial lines team. Last updated September 2026.