Waiver of Subrogation Versus Alternate Employer Endorsement

September 16, 2013

For workers compensation, what are the main differences for the insurer and the insured between what a waiver of subrogation endorsement accomplishes versus what the alternate employer endorsement accomplishes? To put it another way, I think the alternate employer endorsement is for those situations where the employee of company A is, or could be construed to be, the employee of company B, at least temporarily. And if that employee were to become injured while temporarily working for company B, company B would not be responsible for paying the benefits for that employee, because company B is listed on the alternate employer endorsement. This endorsement then should only be used in situations where an employee is considered a temporary employee of the entity listed on the alternate employer endorsement. For that injured employee, there is no WC recourse whatsoever against the temporary employer.

I am still stuck on one thing though. Wouldn't having a waiver of subrogation listing company B's name on it accomplish the same thing? No matter which endorsement is used, the alternate employer endorsement or the waiver of subrogation, for company A's injured employee, there would be no recourse against the other employer/entity-company B. Is this correct?

Maryland Subscriber

The alternative employer endorsement applies only with respect to bodily injury to the named insured's employees who are in the course of special or temporary employment by the alternate employer listed on the endorsement. This endorsement will provide coverage for claims made by the employee against the alternate employer, but the insurance is not intended to satisfy the alternate employer's duty to secure its own obligations under the WC law of the state.

The waiver of subrogation is for the insurer that waives its right of subrogation against third parties who may be responsible for an injury to the employee.

So, the alternative employer endorsement is meant to protect the alternate employer from claims made by the employee who is temporarily working for the alternate employer. The waiver of subrogation endorsement simply states that the insurer is not going to seek reimbursement from a third party, whoever that might be, who is responsible for injuring the employee.

We agree with you about your first thoughts. As for your second paragraph, the waiver of subrogation merely applies to the insurer. If the injured worker or maybe his spouse wants to sue the temporary employer, let's say for negligence, the waiver is not going to stop that claim. If the aim is to protect the alternate employer from any WC claims based on injury to the employee, then it probably is safer to use both endorsements, but neither endorsement is going to prevent a negligence claim against the alternate employer if there are grounds for a liability claim

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis