(a) Except as provided for in subsection (b), a general contractor, intermediate contractor, or subcontractor is liable for compensation to an employee injured while in the employ of a subcontractor of the general contractor, intermediate contractor, or subcontractor and engaged upon the subject matter of the contract to the same extent as the immediate employer.
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Terms Used In Tennessee Code 50-6-914
Commercial construction project: means any construction project that is not: (A) The construction, erection, remodeling, repair, improvement, alteration or demolition of one (1), two (2), three (3) or four (4) family unit residences not exceeding three (3) stories in height or accessory use structures in connection with the residences. See Tennessee Code 50-6-901
Construction project: means the construction, erection, remodeling, repair, improvement, alteration or demolition of a building, structure or other undertaking. See Tennessee Code 50-6-901
Contract: A legal written agreement that becomes binding when signed.
Department: means the department of labor and workforce development. See Tennessee Code 50-6-102
Direct labor: means the performance of any activity that would be assigned to the contracting group as those classifications are designated by the rate service organization designated by the commissioner of commerce and insurance as provided in §. See Tennessee Code 50-6-901
Employee: includes every person, including a minor, whether lawfully or unlawfully employed, the president, any vice president, secretary, treasurer or other executive officer of a corporate employer without regard to the nature of the duties of the corporate officials, in the service of an employer, as employer is defined in subdivision (11), under any contract of hire or apprenticeship, written or implied. See Tennessee Code 50-6-102
Employer: includes any individual, firm, association or corporation, the receiver or trustee of the individual, firm, association or corporation, or the legal representative of a deceased employer, using the services of not less than five (5) persons for pay, except as provided in §. See Tennessee Code 50-6-102
Person: means only a natural person and does not include a business entity. See Tennessee Code 50-6-901
provider: means any person or entity engaged in the construction industry. See Tennessee Code 50-6-901
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
Registry: means the construction services provider workers' compensation exemption registry established pursuant to this part and maintained by the bureau of workers' compensation. See Tennessee Code 50-6-901
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b)(1)(A) Notwithstanding subsection (a) and subject to subdivision (b)(2), a general contractor, intermediate contractor, or subcontractor is not liable for workers’ compensation to a construction services provider listed on the registry established pursuant to this part.(B) Notwithstanding subsection (a) and subject to subdivision (b)(2), a general contractor, intermediate contractor, or subcontractor is not liable for workers’ compensation to a construction services provider for injuries occurring during the time period of December 9, 2019, through September 9, 2021, if the following conditions are met:
(i) During the time period of December 9, 2017, through December 9, 2021, the construction services provider provided the general contractor, intermediate contractor, or subcontractor a notice of registration from the secretary of state showing exemption from § 50-6-902(a);(ii) The general contractor, intermediate contractor, or subcontractor did not obtain workers’ compensation insurance to cover the construction service provider providing the notice of registration; and(iii) The construction services provider’s exemption registry registration was revoked on December 9, 2019, pursuant to § 50-6-908(b)(1)(C), and the construction services provider failed to inform the general contractor, the intermediate contractor, or the subcontractor of the revocation.(2)(A) No more than three (3) construction services providers performing direct labor on a commercial construction project may be exempt from § 50-6-902(a).(B) For purposes of subdivision (b)(2)(A), the three (3) construction services providers shall be selected by the general contractor. The limit of three (3) set out in subdivision (b)(2)(A) shall be three (3) individuals listed on the registry as having a workers’ compensation exemption and working in the service of a business entity through which the construction services provider obtained such an exemption.(C) If a general contractor allows a construction services provider to provide services on a commercial construction project while such provider is utilizing an exemption pursuant to this part, the general contractor shall:
(i) Notify each such construction services provider in writing that the provider has been chosen by the general contractor as one of the three (3) construction services providers performing direct labor who may be exempt from § 50-6-902(a); and(ii) Maintain a record identifying each such construction services provider. The general contractor shall make the record maintained pursuant to this subdivision (b)(2)(C)(ii) available for inspection upon request by the general contractor’s insurance provider, the department, and the department of commerce and insurance.(D)(i) A construction services provider is not liable for workers’ compensation premiums prior to January 1, 2021, for a commercial construction project, as long as the provider held a valid exemption.(ii) A general contractor, intermediate contractor, or subcontractor is not liable for workers’ compensation premiums prior to January 1, 2021, for a construction services provider on a commercial construction project that held a valid exemption.(3) The assessment of retroactive fees or premiums are prohibited pursuant to time periods exempted by this chapter.(c) Any general contractor, intermediate contractor or subcontractor who pays compensation under subsection (a) may recover the amount paid from any person or entity who, independently of this section, would have been liable to pay compensation to the injured employee, or from any subcontractor.(d) Every claim for compensation under this section shall be presented first to and instituted against the immediate employer, but the proceedings shall not constitute a waiver of the employee’s rights to recover compensation under this chapter from the general contractor, intermediate contractor or subcontractor; provided, that the collection of full compensation from one (1) employer shall bar recovery by the employee against any others, and the employee shall not collect from all employers a total compensation in excess of the amount for which any of the contractors is liable.(e) This section applies only in cases where the injury occurred on, in, or about the premises on which the general contractor has undertaken to execute work or that are otherwise under the general contractor’s control or management.
