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This is an agreement that allows the insurer to recover the costs of your claim from the entity that you file against, usually an employer. To be precise, as it applies to workers' compensation: A waiver of subrogation means an insurance carrier is waiving their right to "Subrogate" or attempt to collect compensation or share in the responsibility for a claim with the party in question. An example, say contractor A is working for Customer B. Under normal circumstances if an employee of contractor A was injured working on Customer B's propoerty then after paying a claim for the injured worker, Contractor A's insurance carrier could attempt to collect part of the paid claim from Customer B or their insurance carrier if there was potentially any liability (loose rocks on the ground to slip over, improper lighting, etc). With a waiver of subrogation in place, Contractor A's insurance carrier would still pay the claim, but would be unabel to go after the customer or their insurance company. Because of this, insurance companies that provide a waiver normally charge for it. The waiver itself is treated as an endorsement onto the Employees' existing policy, and payment is usually expressed as either a flat charge or as a percentage of the payroll spent on the job-site.

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16y ago

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