A workers comp waiver of subrogation means your workers comp insurance company agrees not to go after your general contractor (GC) to get back what it paid when one of your employees is hurt on the GC's job. You get one by asking your broker to add a waiver endorsement (a one page change) to your workers comp policy, which usually takes one to three business days and costs a small percentage of the premium. Who this is for: subcontractors whose GC checked the workers comp waiver box on the certificate request.
The short version
- The waiver goes on your workers comp policy as a one page change. Your broker requests it from your insurance company.
- You can name just this GC, or get a blanket version that covers every customer you sign a written contract with.
- It costs a little. Most insurance companies charge 2% to 5% of the premium for the payroll on that job, or a flat minimum (illustrative).
- Allow one to three business days. Send the request the day you get the contract.
- A few states restrict workers comp waivers, and Texas uses its own form. Ask your broker before you promise one.
Why does my GC want this on my workers comp?
Picture the claim. Your employee falls through a stair opening the GC's crew left open. Your workers comp insurance company pays the medical bills and lost wages, no matter who was at fault. Then it sues the GC to recover that money, because the GC's crew caused the fall. That lawsuit is called subrogation.
Your GC wants that lawsuit off the table before the job starts, so the subcontract says you will waive it. Once the waiver is on your policy, your insurance company gives up that right for this GC. Your employee still gets every benefit.
What do I send my broker?
Four things. Send them together and the request goes out the same day.
- The GC's exact legal name. Copy it from the subcontract, not from the sign on the truck. "ABC Builders, LLC" and "ABC Construction Inc." are different companies to an insurance company.
- The job address and a one line description. "Framing at 410 Main Street, Austin" is enough.
- The insurance section of the subcontract. A photo of the page is fine.
- Your estimated payroll on the job. Most insurance companies price the waiver on it.
Should I name just this GC, or get a blanket waiver?
Both are the same endorsement page. The difference is what is typed in the box. The costs below are illustrative; your trade, payroll, state, and insurance company set the real number.
| Option | What the page says | Best for | Typical cost (illustrative) |
|---|---|---|---|
| Scheduled (one GC) | Form WC 00 03 13, "Waiver of Our Right to Recover From Others," with the GC's name typed in the box | One or two contracts a year | 2% to 5% of the premium for the payroll on that job, often with a $100 to $250 minimum |
| Blanket | The same form, with the box reading "any person or organization for whom you have agreed by written contract to furnish this waiver" | Three or more contracts a year | 2% to 5% of your whole workers comp premium, or a flat annual charge |
If you expect more GCs this year, ask for blanket wording now. It saves the wait on every job that follows. See a waiver for just one job for the trade off.
How long does it take, and what does it cost?
Most insurance companies issue the endorsement in one to three business days. Some do it the same day. A few, especially state funds (the state's own workers comp insurer, usually the plan of last resort), can take a week or more. Start the moment you get the contract.
On cost, here is an illustrative example. Your payroll on the job is $80,000. Your rate is $9 per $100 of payroll, so the premium on that payroll is $7,200. A 3% waiver charge is $216. More detail is in does a waiver cost extra.
Are there states where I cannot get one?
Yes, a few. In North Dakota, Ohio, Washington, and Wyoming you buy workers comp from the state fund, and the fund does not issue waivers. Kentucky does not allow the endorsement. Texas allows it but uses its own form. If your job is in one of the states that does not allow it, tell the GC early. Most GCs have seen this before and will limit the requirement to your general liability policy.
What do I send the GC when it is done?
Two things. A certificate of insurance (a one page summary of your policies, limits, and dates) with the workers comp waiver box checked, and a copy of the endorsement page. The check box alone only says the endorsement exists. It is not proof. Send both at once. See workers comp on a certificate for what the GC's insurance desk checks.
A waiver on your general liability policy is a separate endorsement. Those steps are in what to do when your GC asks for a 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 framing subcontractor in Texas signs a $420,000 subcontract on a townhome project. The GC's certificate request asks for a workers comp waiver. The sub's broker sends the request to the insurance company on a Tuesday, with the GC's legal name and about $110,000 of estimated payroll on the job.
What went wrong: The insurance company issues the Texas waiver form on Thursday. The GC's insurance desk rejects it Friday because the name reads "Hilltop Homes" and the subcontract says "Hilltop Homes of Central Texas, LLC." A corrected page arrives the next Tuesday.
What it cost: Two lost working days for a crew of six, about $6,000 in labor that could not be billed. The waiver itself cost about $260 (illustrative), roughly 2.5% of the premium on that payroll.
The fix: Copy the GC's legal name from the subcontract, letter for letter. Then send the request the day you get the contract, because a workers comp waiver takes days, and a fix takes days more.
Frequently asked questions
Q: My GC wants a workers comp waiver of subrogation. How do I get one?
Ask your broker to add a waiver endorsement to your workers comp policy, naming the GC or covering all customers you sign contracts with. Send the GC's legal name, the job address, the contract's insurance section, and your payroll on the job. Allow one to three business days.
Q: What does the workers comp waiver actually do?
It stops your workers comp insurance company from suing your GC to recover money it paid on your employee's injury claim. Your employee still receives every benefit. It only changes who your insurance company can chase afterward.
Q: How much does a workers comp waiver cost?
Most insurance companies charge 2% to 5% of the premium for the payroll on that job, often with a minimum of $100 to $250. A blanket version costs a percentage of your whole premium. These figures are illustrative.
Q: How long does the workers comp waiver take?
Usually one to three business days after your broker sends the request. State funds and a few insurance companies can take a week or more. Start as soon as you have the contract.
Q: Is the check box on my certificate enough for the GC?
Usually not. Send the certificate and a copy of the endorsement page together.
Q: What if my state does not allow the waiver?
A few states do not allow them. Tell the GC as soon as your broker confirms it. Most GCs will then limit the requirement to your general liability policy.
How Morrow helps
Morrow is a licensed independent commercial insurance brokerage that works with contractors and trades every day. Requesting a workers comp waiver, checking the GC's legal name against the contract, and sending the GC the certificate and endorsement page together is routine work for us.
- 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.