Amends TCA Title 50, Chapter 6, Part 9.
This bill removes liability of a general contractor, intermediate contractor, or subcontractor for workers' compensation to a construction services provider for injuries occurring during the time period of December 9, 2019, through September 9, 2021, if certain conditions are met, as discussed below. Present law provides that a general contractor, intermediate contractor or subcontractor is liable for compensation to any employee injured while in the employ of any of the subcontractors of the general contractor, intermediate contractor or subcontractor and engaged upon the subject matter of the contract to the same extent as the immediate employer. However, a general contractor, intermediate contractor or subcontractor is not liable for workers' compensation to a construction services provider listed on the construction services provider workers' compensation exemption registry. This bill adds that a general contractor, intermediate contractor, or subcontractor is not liable for workers' compensation to a construction services provider for injuries occurring during the time period of December 9, 2019, through September 9, 2021, if the following conditions are met: (1) During the time period of December 9, 2017, through December 9, 2021, the construction services provider provided the general contractor, intermediate contractor, or subcontractor a notice of registration from the secretary of state showing exemption from the present law requirement that all construction services providers are required to carry workers' compensation insurance on themselves; (2) The general contractor, intermediate contractor, or subcontractor did not obtain workers' compensation insurance to cover the construction service provider providing the notice of registration; and (3) The construction services provider's exemption registry registration was revoked on December 9, 2019, based on a determination by the secretary of state that the construction services provider no longer met the requirements for an exemption and the construction services provider failed to inform the general contractor, the intermediate contractor, or the subcontractor of the revocation.
This bill removes liability of a general contractor, intermediate contractor, or subcontractor for workers' compensation to a construction services provider for injuries occurring during the time period of December 9, 2019, through September 9, 2021, if certain conditions are met, as discussed below. Present law provides that a general contractor, intermediate contractor or subcontractor is liable for compensation to any employee injured while in the employ of any of the subcontractors of the general contractor, intermediate contractor or subcontractor and engaged upon the subject matter of the contract to the same extent as the immediate employer. However, a general contractor, intermediate contractor or subcontractor is not liable for workers' compensation to a construction services provider listed on the construction services provider workers' compensation exemption registry. This bill adds that a general contractor, intermediate contractor, or subcontractor is not liable for workers' compensation to a construction services provider for injuries occurring during the time period of December 9, 2019, through September 9, 2021, if the following conditions are met: (1) During the time period of December 9, 2017, through December 9, 2021, the construction services provider provided the general contractor, intermediate contractor, or subcontractor a notice of registration from the secretary of state showing exemption from the present law requirement that all construction services providers are required to carry workers' compensation insurance on themselves; (2) The general contractor, intermediate contractor, or subcontractor did not obtain workers' compensation insurance to cover the construction service provider providing the notice of registration; and (3) The construction services provider's exemption registry registration was revoked on December 9, 2019, based on a determination by the secretary of state that the construction services provider no longer met the requirements for an exemption and the construction services provider failed to inform the general contractor, the intermediate contractor, or the subcontractor of the revocation.
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