WC 00 03 13 is the NCCI endorsement that waives your workers compensation insurer's right to recover what it paid on an employee injury from a third party named in the endorsement's schedule. Without it, an insurer that pays benefits to your injured worker can subrogate, meaning it can sue whoever caused the injury to get its money back, and on a jobsite that "whoever" is often the general contractor or project owner who hired you. Upstream parties demand this waiver in construction contracts precisely so your carrier cannot come after them.
If a contract requires a "waiver of subrogation" on your workers comp, this is the form it means. This page explains how the waiver works, why the written contract wording matters, and what it costs to provide.
What does WC 00 03 13 do?
The unendorsed workers compensation policy gives the insurer subrogation rights through its Recovery From Others condition. When the carrier pays benefits to your injured employee and someone else caused the injury, the carrier steps into the claim and pursues that responsible party for reimbursement.
The policy also obligates you to protect those rights, which collides head-on with a construction contract that promises the general contractor your carrier will not pursue them. WC 00 03 13 resolves the conflict by having the insurer formally give up its right of recovery against the party shown in the schedule, where state law permits a waiver at all.
The endorsement contains a sentence that ties the waiver to work you perform under a written contract requiring you to obtain it, which keeps the waiver from applying to every interaction with the scheduled party. That written contract trigger is why the paperwork sequence matters. The agreement needs to be signed before the work and before any loss, the same discipline that applies to the additional insured endorsements like CG 20 10 that travel alongside it in contract insurance requirements.
Why do contracts require it?
Picture a subcontractor's employee injured on a project because of the general contractor's negligence. The employee collects workers comp from the subcontractor's policy and cannot sue their own employer, but the carrier can subrogate against the GC, which puts the loss right back on the party the contract meant to protect.
General contractors and owners close that loop by requiring every subcontractor to carry WC 00 03 13 in their favor, almost always in the same contract clause that demands additional insured status on the general liability policy and a certificate evidencing both. Our guides to additional insured endorsements and the certificate of insurance cover those companion requirements.
The two ways carriers issue the waiver differ in what they cover and what can go wrong:
| Approach | How it works | Watch out for |
|---|---|---|
| Scheduled (standard WC 00 03 13) | The waiver applies only to the person or organization named in the schedule | Every entity must be scheduled, and a missed entity means no waiver for that party |
| Blanket (nonstandard carrier form) | The waiver applies automatically to any party a written contract requires | The executed written contract is the trigger, so unsigned agreements leave the party unprotected |
The scheduling risk is real enough that failing to add a required entity is a recognized source of errors and omissions claims against agents. If your contracts routinely require waivers, a blanket endorsement removes the per-contract scramble, but the written contract discipline still has to hold.
What does the waiver cost?
Carriers charge for WC 00 03 13 because waiving recovery rights means claims they might have recouped stay on their books, which flows into your loss experience.
Pricing varies by carrier and state, commonly as a flat charge per scheduled waiver or a small percentage of the premium tied to the affected work. A blanket waiver typically carries a single ongoing charge instead of per-entity fees, which is one more reason contractors who sign many contracts prefer it.
Remember that a subrogation recovery would otherwise reduce the losses in your experience modification calculation, so the waiver has a second, quieter cost in the claims your mod absorbs. Our workers compensation insurance guide explains how the experience mod turns claims into premium.
Where can you see the actual form?
Menlo does not host NCCI forms because they are copyrighted by the National Council on Compensation Insurance, Inc. You can read the real text through your own policy, which attaches every endorsement issued on it, or by asking your broker for the specimen your carrier files. Regulator-approved filings are also publicly viewable through SERFF Filing Access, the state filing system, though the forms there remain copyrighted and are for reading, not copying. Note that some states use their own bureau versions of the waiver instead of the national NCCI form.
Frequently asked questions
Does a waiver of subrogation hurt my injured employee?
No. The employee's workers compensation benefits are set by statute and are not affected. The endorsement only changes what happens after benefits are paid, by stopping the insurer from recovering those payments from the scheduled third party.
Is a certificate of insurance proof that the waiver exists?
No. A certificate is an information snapshot and confers nothing by itself. The waiver exists only if WC 00 03 13 or a blanket equivalent is actually attached to the policy, so careful upstream parties request a copy of the endorsement along with the certificate.
What is the difference between a scheduled and a blanket waiver?
The standard WC 00 03 13 waives recovery only against the party named in its schedule, so each entity must be added individually. A blanket waiver is a nonstandard carrier form that applies automatically to any party a written contract requires, which removes the risk of forgetting to schedule someone.
Can my carrier refuse to provide WC 00 03 13?
Yes. The waiver is optional for the carrier, some underwriters decline it for high-hazard work, and some states prohibit it entirely. Confirm availability with your broker before signing a contract that requires one, because the contractual obligation binds you either way.
This guide is for educational purposes and summarizes standard NCCI policy language in Menlo's own words. Form numbers and titles are cited for identification only, and Menlo Insurance Services is not affiliated with the National Council on Compensation Insurance, Inc. Your policy's specific terms, conditions, and endorsements control. Talk to a licensed broker about your actual exposures.