A waiver of subrogation means that a business and their insurance company is foregoing all rights to file suit, or seek damages, from another business. Most state workers' compensation laws, or cases construing them, allow the employer and its carrier to waive its right to subrogate against a third party.Workers' Compensation Filing Information (F207-155-000). Program Publications for Employers. A workers' comp waiver of subrogation is a document that states that you are waiving your right for your insurer to seek compensation from a third party. If you received treatment for a previous injury to the same body part or for an illness similar to the one described in your current Claim, fill out this form. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. One such term is a waiver of Industrial Insurance Act (workers' compensation) immunity that commonly appears in indemnity clauses. In the four monopolistic states (OH, WY, WA, and ND), workers compensation insurance must be purchased from a statecontrolled fund. If you sign a waiver of subrogation clause, you are agreeing to waive (give up) your work comp insurance carrier's right to seek damages from another party.
