Waivers of subrogation often show up in contracts like background noise—standard, expected, and easy to skim past. But in 2025, with rising claim costs and tighter margins, these clauses deserve a second look.
Common in construction and subcontractor agreements, waivers of subrogation can carry real financial and legal consequences if misunderstood. While they may seem like a small line item, they can quietly shift risk in ways that ripple through your workers’ compensation program.
This guide breaks down what a waiver of subrogation actually does, how it affects your business, and what to consider before signing on.
Subrogation is the legal right of an insurance company to pursue a third party that caused or contributed to a loss, in order to recover the amount paid in a claim. A waiver of subrogation gives up that right—usually by agreement in a contract.
Example: If one of your employees is injured on a job site due to another contractor’s negligence, your insurer would typically exercise its legal right to seek reimbursement from that party. A waiver removes that option, which means your business and your insurer may absorb the full cost of the claim—even if another party was at fault.
Businesses are often asked by their customers, general contractors, and/or vendors to add a waiver of subrogation to their workers' compensation policy. The provisions of this waiver can be confusing, and it may be difficult to know whether agreeing to such a stipulation is in the best interest of your business.
Should you sign a waiver of subrogation? Before answering this question, it's essential to have a full understanding of the agreement you’re about to make and how it could impact your workers’ compensation risk, costs, and overall financial stability.
A waiver of subrogation (WOS) endorsement confirms that the insurer will not seek recovery from a third party if the insured has contractually waived its right to subrogation. This means both the insured and the insurer give up the ability to pursue reimbursement—even when another party may be at fault.
In many agreements, a WOS endorsement is used alongside an additional insured endorsement—a “belt and suspenders” approach that ensures the additional insured is protected from potential subrogation claims even after a loss is paid.
The direct cost to add a waiver is often around $50 per endorsement. While this may seem minimal, waiving subrogation rights could expose your business to significant indirect financial risks:
Waiving subrogation may seem like a cooperative gesture, but it can cost you more than you realize:
Waivers aren’t inherently bad—but they shouldn’t be automatic. Consider:
When used frequently or on high-risk jobs, waivers should spark a deeper conversation, not just a checked box.
The definition hasn’t changed—but the stakes have.
In addition, state regulations and insurer guidelines continue to evolve. Check with your state’s workers’ comp board and review carrier-specific positions before agreeing to any waiver language. It’s also worth keeping an eye on guidance from the U.S. Department of Labor and relevant industry groups.
If you’re still unsure whether to sign a waiver of subrogation or need help assessing the potential impacts on your business, our risk advisors can guide you. Contact us today to determine the best solution for your company.
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