Everyone engaged in the construction industry (principal contractors, intermediate contractors, and subcontractors) is required to carry workers' compensation insurance on their employees!  But, if you are a independent (sub)contractor, you may be left without coverage in the event of an injury.

If you are a subcontractor and are self-employed (not an employee of the general contractor), you may have no workers' compensation coverage (unless you have insured yourself). How do you know if you are an employee or subcontractor?  Ask yourself the following questions as set out by the Tennessee Department of Labor and Workforce Development:

    (a) Do you have the right to control the conduct of the work?

    (g) Do you have the freedom to offer services to others (can you chose who you work for)?

If the answer to these questions is yes, you are probably a independent contractor (not an employee) and you may not be covered by workers' compensation insurance.  If the answer to many of these questions is no, you are probably an employee and are entitled to workers' compensation benefits.

If you have been injured on your construction job and have questions about whether you are entitled to workers' compensation benefits, contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 for legal advice.