(a) Any action to recover damages for injury, as defined by § 50-6-102, by a construction services provider shall proceed as at common law, and the defendant in the suit may make use of all common law defenses if, at the time of the injury, the construction services provider was:

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Terms Used In Tennessee Code 50-6-910

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: means only a natural person and does not include a business entity. See Tennessee Code 50-6-901
  • provider: means any person or entity engaged in the construction industry. See Tennessee Code 50-6-901
  • Registry: means the construction services provider workers' compensation exemption registry established pursuant to this part and maintained by the bureau of workers' compensation. See Tennessee Code 50-6-901
(1) Listed on the registry as having a workers’ compensation exemption and working in the service of a business entity through which the construction services provider obtained such an exemption;
(2) Not covered under a policy of workers’ compensation insurance maintained by the person or entity for whom the provider was providing services at the time of such injury; and
(3) Eligible for an exemption pursuant to § 50-6-914(b)(2), if such eligibility requirements apply, at the time of such injury.
(b) Any construction services provider proceeding as at common law pursuant to subsection (a) shall forego the right to sue to establish or reestablish workers’ compensation coverage.
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