Full question:
My employer has been caught for workers compensation fraud and now he is working 15 employees with out workers compensation. What can I do about this problem?
- Category: Employment
- Date:
- State: Tennessee
Answer:
In Tennessee, employers with five or more employees, whether full-time or part-time, must carry workers' compensation insurance. This requirement includes corporate officers and family members who qualify as employees, even if they decline coverage. Additionally, employers in construction or coal mining must have coverage if they have at least one employee.
It's important to differentiate between employees and subcontractors. A subcontractor is not considered an employee of the general contractor and does not require coverage, provided they are not working as an employee. To determine if someone is an employee or subcontractor, consider the following factors:
- The right to control how the work is done
- The right to terminate the relationship
- The method of payment
- The ability to hire helpers
- Who provides tools and equipment
- Self-scheduling of work hours
- The freedom to offer services to others
If you suspect your employer is violating these laws, you may want to report the situation to the appropriate state authorities.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.