Workers' Compensation in Tennessee

This is general information, not legal advice. A Tennessee workers’ compensation attorney can help with your specific situation.

When a work injury or occupational illness keeps you off the job, Tennessee’s workers’ compensation system — governed by T.C.A. § 50-6-101 et seq. — provides medical treatment and partial wage replacement without requiring you to prove your employer was negligent. In exchange, workers’ comp is your exclusive remedy against your employer: you generally cannot sue your employer in civil court for the same injury (T.C.A. § 50-6-108).

Who must carry workers’ compensation insurance

Most Tennessee employers with 5 or more employees must carry workers’ compensation coverage. Part-time workers, minors, and working family members all count toward that threshold. The rules are stricter for the construction industry: all construction employers must cover workers regardless of size, even a one-person operation (T.C.A. § 50-6-902).

Independent contractors are generally not covered, but the Bureau of Workers’ Compensation applies a 7-factor test (T.C.A. § 50-6-102(10)(D)) to determine whether a worker was truly independent or was, in substance, an employee. If your employer misclassified you as a contractor, you may still be entitled to benefits.

What injuries are covered

A covered injury must arise primarily out of and in the course of employment. Under the 2013 Reform Act standard (T.C.A. § 50-6-102(13)), the work activity must be more than 50% responsible for the injury compared to all other causes. This “primarily” standard is stricter than pre-2013 law and can matter in cases involving pre-existing conditions.

The 2013 Reform Act and the administrative system

Before July 1, 2014, most workers’ comp disputes were resolved in regular civil courts, often taking years. The 2013 Reform Act (Public Chapter 280) replaced that system with a streamlined administrative process:

1. Bureau of Workers’ Compensation — the state agency that oversees claims, operates a help line at (800) 332-2667, and provides mediators.
2. Bureau Mediation — when a benefit dispute arises, either party can file a Petition for Benefit Determination; a Bureau mediator attempts to resolve it.
3. Dispute Certification Notice (DCN) — if mediation fails, the Bureau issues a DCN certifying the dispute.
4. Court of Workers’ Compensation Claims (CWCC) — a specialized administrative court that holds hearings and issues orders.
5. Workers’ Compensation Appeals Board — reviews CWCC decisions.
6. Tennessee Court of Appeals — final judicial review.

Benefits at a glance

• Medical benefits: Your employer provides a panel of at least three physicians; you select your Authorized Treating Physician (ATP). Authorized treatment is covered for the life of the injury.
• Temporary Total Disability (TTD): 66⅔% of your average weekly wage while you are unable to work.
• Permanent Partial Disability (PPD): A benefit based on your impairment rating and whether you return to work, up to a 450-week maximum.
• Permanent Total Disability (PTD): If you cannot return to any employment, benefits continue until you are eligible for full Social Security retirement.
• Death benefits: Surviving dependents receive 66⅔% of the deceased worker’s average weekly wage; burial expenses are covered up to $10,000 for deaths on or after May 19, 2017 (T.C.A. § 50-6-210).

Third-party claims

Workers’ comp bars lawsuits against your employer, but if a third party — a negligent driver, a defective equipment manufacturer, a careless subcontractor — caused your injury, you can pursue workers’ comp benefits and sue that third party in civil court (T.C.A. § 50-6-112). The employer’s insurer holds a subrogation lien against any third-party recovery.

The guides

Each guide below covers a key part of Tennessee workers’ comp in detail. To connect with a Tennessee workers’ compensation attorney, get help now.

• Filing a Workers’ Comp Claim in Tennessee
• Workers’ Comp Benefits in Tennessee
• Choosing Your Authorized Treating Physician
• Settling a Workers’ Comp Claim in Tennessee
• Third-Party Claims When You’re Hurt at Work
• Independent Contractors & Workers’ Comp in Tennessee