Tennessee Code Annotated
Tenn. Code Ann. § 50-6-902 (2026)
Requirement that construction services providers carry workers' compensation insurance - Exemptions - Election by subcontractor
✓ current as of May 2026
- (a) Except as provided in subsection (b), all construction services providers shall be required to carry workers' compensation insurance on themselves. The requirement set out in this subsection (a) shall apply whether or not the provider employs fewer than five (5) employees.
- (b) To the extent there is no restriction on applying for an exemption pursuant to § 50-6-903, a construction services provider shall be exempt from subsection (a) if the provider:
- (1) Is a construction services provider rendering services on a construction project that is not a commercial construction project and is listed on the registry;
- (2) Is a construction services provider rendering services on a commercial construction project, is listed on the registry and such provider is rendering services to a person or entity that complies with § 50-6-914(b)(2);
- (3) Is covered under a policy of workers' compensation insurance maintained by the person or entity for whom the provider is providing services;
- (4) Is a construction services provider performing work directly for the owner of the property; provided, however, that this subdivision (b)(4) shall not apply to a construction services provider who acts as a general or intermediate contractor and who subsequently subcontracts any of the work contracted to be performed on behalf of the owner;
- (5) Is a construction services provider building a dwelling or other structure, or performing maintenance, repairs, or making additions to structures, on the construction service provider's own property; or
- (6) Is a provider whose employment at the time of injury is casual as provided in § 50-6-106.
- (c) A subcontractor engaged in the construction industry under contract to a general contractor engaged in the construction industry may elect to be covered under any policy of workers' compensation insurance insuring the general contractor upon written agreement of the general contractor, regardless of whether such subcontractor is on the registry established pursuant to this part, by filing written notice of the election, on a form prescribed by the administrator of the workers' compensation bureau, with the bureau. It is the responsibility of the general contractor to file the written notice with the bureau. Failure of the general contractor to file the written notice shall not operate to relieve or alter the obligation of an insurance company to provide coverage to a subcontractor when the subcontractor can produce evidence of payment of premiums to the insurance company for the coverage. The election shall in no way terminate or affect the independent contractor status of the subcontractor for any other purpose than to permit workers' compensation coverage. The election of coverage may be terminated by the subcontractor or general contractor by providing written notice of the termination to the bureau and to all other parties consenting to the prior election. The termination shall be effective thirty (30) days from the date of the notice to all other parties consenting to the prior election and to the bureau.
- (d) Nothing in this part shall be construed as exempting or preventing a construction services provider from carrying workers' compensation insurance for any of its employees. The requirement set out in this subsection (d) shall apply whether or not the provider employs fewer than five (5) employees.
Acts 2010, ch. 1149, § 13; 2011, ch. 422, § 4; 2013, ch. 282, § 1; 2014, ch. 903, § 9; 2015, ch. 341, § 15.
Notes of Decisions
Cited in 25
cases (6 in the last 5 years), 2015–2026 · leading case: Jimmy Wayne Helton v. Earl Lawson (Tenn. Ct. App. 2019).
Jimmy Wayne Helton v. Earl Lawson (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 50-6-902 (a). -5- Lawson related that he did not know Helton before the work on the house; rather, according to Lawson, Housewright hired Helton to work for him.”
Bennett, Christopher v. Thermal Corrosion Solutions, 2015 TN WC 115 (Tenn. Ct. Work. Comp. Cl. 2015). “Tenn. Code Ann. § 50-6-902 (b)(4) (2014).”
Ramos, Rubiel v. Eleazar Orona, 2016 TN WC 78 (Tenn. Ct. Work. Comp. Cl. 2016). “using the services of not less than five (5) persons for pay, except as provided in § 50-6-902," which addresses construction services providers.”
Dyer, Jimmy R. v. Johnny Morris d/b/a Morris Logging, 2016 TN WC 241 (Tenn. Ct. Work. Comp. Cl. 2016). “Tennessee Code Annotated section 50-6-102(13) (2015) provides: “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…”
Armas, Juan v. Lucas Enamorado, 2017 TN WC 158 (Tenn. Ct. Work. Comp. Cl. 2017). “Further, Tennessee Code Annotated section 50-6-902(a) requires construction services providers to carry workers' compensation insurance regardless of the number of employees, but section 50-6-902(b )( 1) allows an exemption for construction services providers working on…”
Murillo, Said Omar Jemenez v. Leonard Sams & Assocs., 2019 TN WC 108 (Tenn. Ct. Work. Comp. Cl. 2019). “Tenn. Code Ann. § 50-6-902 (a). These individuals or entities are called construction services providers.”
Hutchins, Jr., Thomas v. Rocky Top Coatings, 2015 TN WC 164 (Tenn. Ct. Work. Comp. Cl. 2015). “Annotated section 50-6-902(a) (2014), unless subject to an exemption, all construction service providers are required to carry workers' compensation insurance on themselves, even if they employ fewer than five employees.”
Wallace, Robert L. v. Mark Conard dba Marcon Builders, 2015 TN WC 120 (Tenn. Ct. Work. Comp. Cl. 2015). “Tennessee Code Annotated section 50-6-903 (2012) contains the following: (a) Any construction services provider who meets one of the following criteria may apply for an exemption from section 50-6-902(a): ( 1) An officer of a corporation who is engaged in the construction 7…”
Davenport. Ted v. Advanced Remodeling & Floor Covering LLC, 2016 TN WC 287 (Tenn. Ct. Work. Comp. Cl. 2016). “The Court further finds, based upon the UEF investigator's findings, that Advanced Remodeling is a construction services provider as generally defined in Tennessee Code Annotated section 50-6-901(5) and that it failed to secure workers' compensation insurance as required by…”
Coitrone, Michael v. Robert Fulton dba Bob's Constr., 2017 TN WC 121 (Tenn. Ct. Work. Comp. Cl. 2017). “Tennessee Code Annotated section 50-6-902(a) (2016). Thus, Mr. Coitrone is entitled to workers' compensation benefits for any injury causally related to his employment with Mr.”
Bland, Cody v. Mike Chitwood, 2017 TN WC 137 (Tenn. Ct. Work. Comp. Cl. 2017). “Bland is listed on the Exemption Registry as required by section 50-6-902. Requested Relief Turning first to the medical benefits Mr.”
Holmes, Daryl v. Ellis Watkins d/b/a Watkins Lawn Care, 2017 TN WC 220 (Tenn. Ct. Work. Comp. Cl. 2017). “" Tenn. Code Ann. § 50-6-902 (a). The Bureau's report classified Watkins as a landscaping business and a CSP.”
— Tenn. Code Ann. § 50-6-902(a) — 12 cases
Dyer, Jimmy R. v. Johnny Morris d/b/a Morris Logging, 2016 TN WC 241 (Tenn. Ct. Work. Comp. Cl. 2016). “Tennessee Code Annotated section 50-6-102(13) (2015) provides: “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…”
Wallace, Robert L. v. Mark Conard dba Marcon Builders, 2015 TN WC 120 (Tenn. Ct. Work. Comp. Cl. 2015). “Tennessee Code Annotated section 50-6-903 (2012) contains the following: (a) Any construction services provider who meets one of the following criteria may apply for an exemption from section 50-6-902(a): ( 1) An officer of a corporation who is engaged in the construction 7…”
Bennett, Christopher v. Thermal Corrosion Solutions, 2015 TN WC 115 (Tenn. Ct. Work. Comp. Cl. 2015). “Tenn. Code Ann. § 50-6-902 (b)(4) (2014).”
Davenport. Ted v. Advanced Remodeling & Floor Covering LLC, 2016 TN WC 287 (Tenn. Ct. Work. Comp. Cl. 2016). “The Court further finds, based upon the UEF investigator's findings, that Advanced Remodeling is a construction services provider as generally defined in Tennessee Code Annotated section 50-6-901(5) and that it failed to secure workers' compensation insurance as required by…”
Coitrone, Michael v. Robert Fulton dba Bob's Constr., 2017 TN WC 121 (Tenn. Ct. Work. Comp. Cl. 2017). “Tennessee Code Annotated section 50-6-902(a) (2016). Thus, Mr. Coitrone is entitled to workers' compensation benefits for any injury causally related to his employment with Mr.”
— Tenn. Code Ann. § 50-6-902(b) — 1 case
Ramos, Rubiel v. Eleazar Orona, 2016 TN WC 78 (Tenn. Ct. Work. Comp. Cl. 2016). “using the services of not less than five (5) persons for pay, except as provided in § 50-6-902," which addresses construction services providers.”
— Tenn. Code Ann. § 50-6-902(b)(4) — 3 cases
Jimmy Wayne Helton v. Earl Lawson (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 50-6-902 (a). -5- Lawson related that he did not know Helton before the work on the house; rather, according to Lawson, Housewright hired Helton to work for him.”
Bennett, Christopher v. Thermal Corrosion Solutions, 2015 TN WC 115 (Tenn. Ct. Work. Comp. Cl. 2015). “Tenn. Code Ann. § 50-6-902 (b)(4) (2014).”
Hutchins, Jr., Thomas v. Rocky Top Coatings, 2015 TN WC 164 (Tenn. Ct. Work. Comp. Cl. 2015). “Annotated section 50-6-902(a) (2014), unless subject to an exemption, all construction service providers are required to carry workers' compensation insurance on themselves, even if they employ fewer than five employees.”
— Tenn. Code Ann. § 50-6-902(b)(5) — 1 case
Jimmy Wayne Helton v. Earl Lawson (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 50-6-902 (a). -5- Lawson related that he did not know Helton before the work on the house; rather, according to Lawson, Housewright hired Helton to work for him.”
— Tenn. Code Ann. § 50-6-902(d) — 3 cases
Baccallao, Amalia v. Javier H. Sanabria DBA Cleaning Serv., 2020 TN WC 105 (Tenn. Ct. Work. Comp. Cl. 2020).
Hutchins, Jr., Thomas v. Rocky Top Coatings, 2015 TN WC 164 (Tenn. Ct. Work. Comp. Cl. 2015). “Annotated section 50-6-902(a) (2014), unless subject to an exemption, all construction service providers are required to carry workers' compensation insurance on themselves, even if they employ fewer than five employees.”
Reed, Tanner v. Barry Garrison, 2017 TN WC 53 (Tenn. Ct. Work. Comp. Cl. 2017).
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