Tennessee Workers Compensation Insurance-workmans Compensation

Every employer with five or more full or part-time employees must carry workers compensation insurance. Employers engaged in the mining and producing of coal with even one employee must also carry workers compensation insurance.

Corporate officers and family members that are considered employees are included in an employee count, regardless of if they chose to decline coverage.

***Attention Tennessee Construction Industry***

Effective March 28, 2011, it is required that all construction employers in the contracting group designated by the National Council of Compensation Insurance (NCCI) must carry workers compensation insurance on all employees and themselves with the exception of sole proprietors or partners with no employees being paid directly by the owner.

Exemptions do exist for certain employers, such as farm labor, domestic help and government agencies. However, they may elect to provide workers compensation insurance. Owners can choose to be excluded by completing the I-4 form.

All contractors in the construction industry with one or more employees must provide workers compensation insurance. A sole proprietor or partnership may choose whether or not to carry workers compensation insurance.

A subcontractor can elect to be covered by the general contractor coverage by filing Form I-15 with the Division of Workers Compensation, and will allow the general contractor to withhold premiums from the subcontractor's payroll. Form I-15 must be filed with the Tennessee Department of Labor and Workforce Development.

Factors determining whether an individual is an employee or subcontractor include: the individual’s right to control the conduct of the work, their right of termination, their method of payment, the authority to select and hire helpers, the supply of tools and equipment, the scheduling of working hours and freedom to provide their services to others.

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Tennessee

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