WC 00 03 13: Waiver of Our Right to Recover from Others Endorsement
Current Edition: 04 84 · Full ID: WC 00 03 13 04 84
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What Is WC 00 03 13?
This endorsement makes the workers compensation insurance company give up its right to seek reimbursement from specific parties after paying a workers comp claim. If a worker is injured and the insurer pays the claim, the insurer cannot sue the scheduled party to recover those payments. This is commonly required by construction contracts so that a general contractor is protected from subrogation by a subcontractor's workers comp insurer.
Technical Summary: WC 00 03 13 amends Part One (Workers Compensation) and Part Two (Employers Liability) of the standard WC policy by waiving the insurer's right to recover from persons or organizations listed in the Schedule. The waiver applies to both statutory WC benefits and employers liability payments. This is the WC-line counterpart to CG 24 04 (CGL) and CA 04 44 (commercial auto). WC uses a four-part numbering system (WC 00 03 13) rather than the two-part system used by CGL and auto forms.
What WC 00 03 13 Covers
- +Waives insurer's subrogation rights against scheduled parties for WC claims (Part One)
- +Waives insurer's subrogation rights against scheduled parties for employers liability claims (Part Two)
- +Applies to all workers compensation benefits paid on behalf of the insured employer
- +Protects the scheduled party from recovery actions by the WC insurer
What WC 00 03 13 Does NOT Cover
- -Does not waive subrogation against parties NOT listed in the schedule
- -Does not apply to CGL or commercial auto claims
- -Does not extend any workers compensation coverage to the scheduled party's own employees
- -Does not increase WC policy limits or statutory benefits
- -Does not affect the injured worker's own right to sue third parties
Key Provisions
- ●Scheduled parties must be specifically identified by name in the endorsement
- ●The waiver applies to both Part One (WC) and Part Two (Employers Liability) of the policy
- ●An additional premium is typically charged for this endorsement
- ●State-specific variations may apply depending on the governing WC statute
- ●The waiver does not affect the injured employee's rights under the workers compensation act
Edition History
No edition change details available.
Common Mistakes & E&O Warnings
The core E&O exposure is identical to CG 24 04 and CA 04 44: a contract requires waiver of subrogation across all lines, but the agency only endorses one or two of the three policies. WC waiver of subrogation is particularly easy to miss because: (1) WC is often placed with a different carrier than CGL/auto, (2) WC endorsement numbering (four-part system) is different from CGL/auto, and (3) the WC policy may be handled by a different CSR. The gap is discovered when a workplace injury triggers a subrogation demand against the certificate holder.
- ⚠Believing that CG 24 04 on the CGL or CA 04 44 on auto automatically covers WC subrogation
- ⚠Assuming waiver of subrogation is available in all states; some states restrict or prohibit it
- ⚠Thinking WC 00 03 13 extends WC coverage to the scheduled party's own employees
- ⚠Not recognizing the four-part numbering system (WC 00 03 13) as distinct from CGL/auto two-part numbers
- ⚠Forgetting to include the WC waiver when the WC policy is with a different carrier than the CGL/auto package
Frequently Asked Questions
What does WC 00 03 13 do?
WC 00 03 13 waives the workers compensation insurer's right to recover claim payments from parties named in the schedule. It prevents the insurer from suing those parties after paying a WC or employers liability claim.
Why is the WC form number four parts instead of two?
Workers compensation forms use the NCCI four-part numbering system (WC 00 03 13) rather than the ISO two-part system used for CGL (CG 24 04) and auto (CA 04 44). The numbering convention is different but the purpose is the same.
Do I need WC 00 03 13 if I already have CG 24 04 and CA 04 44?
Yes. Each waiver of subrogation endorsement applies only to its own line of business. CG 24 04 covers CGL, CA 04 44 covers auto, and WC 00 03 13 covers workers compensation. All three are needed when a contract requires WOS across all lines.
Is WC waiver of subrogation available in every state?
Not always. Some states restrict or prohibit waiver of subrogation for workers compensation. Additionally, monopolistic-fund states (OH, ND, WA, WY) have state-run WC programs that do not use standard NCCI endorsements. Always verify availability in the applicable state.
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