FAQ

Who is required to carry workers compensation insurance

choice of coverage

Employers, who are not required to carry workers’ compensation insurance, who wish to purchase a policy must still file the Tennessee Workers’ Compensation Law Acceptance Notice for Exempt Employers (Form I-8 ) before the office. If that employer later decides to cancel your workers’ compensation coverage, he or she must file the Withdrawal Notice of Acceptance of Exempt Employers (Form I-9) with the office. if an employer files an i-8, he will remain subject to workers’ compensation requirements until an i-9 is received and accepted by this office. If the employer cancels their coverage and fails to file the i-9 form and an injury occurs, the employer may be responsible for providing benefits to the injured employee on that claim.

If an employer, which is not in the construction or coal mining industry, has five or more employees and its workforce is less than five, the employer may choose to cancel workers’ compensation coverage. To cancel coverage, the employer must file a Notice of Withdrawal of Tennessee Workers’ Compensation Law Coverage (Form I-3) with the office. The employer will be exempt from the coverage requirements and will not be required to provide workers’ compensation coverage while their workforce remains below five employees only after the office has accepted the form.

Reading: Who is required to carry workers compensation insurance

corporate officers in non-construction jobs can exclude themselves from their workers’ compensation insurance coverage by filing a corporate officer election not to accept workers’ compensation provisions (form i-6) with the corporation and must include a sworn statement that the employer or anyone acting on behalf of the employer did not advise, advise, or encourage the denying officer to waive his or her rights. The corporate officer must provide a copy of the exclusion to the agent and carrier for audit purposes. Form I-6 can be withdrawn by filing a Corporate Officer Exemption Revocation Notice (Form I-7). While corporate officers have the right to opt out of a workers’ compensation policy, they are not excluded from counting employees unless they are not paid or compensated.

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Most subcontractors and independent contractors are sole proprietors or partners. sole proprietors and partners are generally not covered by your workers’ compensation policy when it is written; only employees are covered, unless the contractor is considered a construction service provider. The independent contractor who is a sole proprietor or partner may elect to be covered by his or her own workers’ compensation policy by filing a sole proprietor or partner election to fall within the provisions of the tennessee workers’ compensation law (form i-4 ) with the insurer or in the event that the entity is self-insured, you must present the choice to the entity. Sole proprietors, partners, and LLC members involved in providing construction services are covered by their workers’ compensation policy (unless they are on the secretary of state’s exemption record) and do not need to file Form I-4 . Form I-4 can be withdrawn by filing a Notice of Withdrawal of Election of Sole Proprietor or Partner (Form I-5).

A subcontractor must provide coverage for its employees. subcontractors, with the agreement of the general contractor, may elect to be covered by the general contractor’s workers’ compensation insurance by filing a general contractor agreement to provide workers’ compensation coverage to the subcontractor (Form I-15) or a subcontractor may have their own workers’ compensation coverage and provide proof of this coverage to the general contractor. the subcontractor, acting as self-employed, is not an employee of the general contractor and is not covered while not working as an employee. Form I-15 allows the general contractor to withhold premiums from the subcontractor’s payroll to cover the subcontractor and his or her employees. Failure of the general contractor to file the form with the Department of Labor and Workforce Development does not relieve the insurance carrier of its obligation to provide coverage to a subcontractor when the subcontractor can present evidence of payment of premiums to the insurance company. There is no form that waives the rights of employees of subcontractors.

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