What can I do if my employer has not workers compensation due to fraud?
Generally, Tennessee employers with five (5) or more full or part-time employees are required to carry workers’ compensation insurance. Corporate officers and family members, if they meet the definition of employee, are included in the count towards the total, regardless of whether the officer(s) elects to decline coverage. Also, employers in any construction related business or coal mining with one or more employees are required to have coverage.
The subcontractor acting as a self-employed individual is not an employee of the general contractor and has no coverage as long as he is not working as an employee. To determine whether an individual is an employee or subcontractor, the following factors should be considered:
(a) The right to control the conduct of the work;
(b) The right of termination;
(c) The method of payment;
(d) The freedom to select and hire helpers;
(e) The furnishing of tools and equipment;
(f) Self-scheduling of working hours; and
(g) The freedom to offer services to other entities.