Tennessee § 50-6-108 Right to compensation exclusive

Tennessee Statutes

§ 50-6-108 — Right to compensation exclusive

Tennessee § 50-6-108

Title50

This text of Tennessee § 50-6-108 (Right to compensation exclusive) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 50-6-108 (2026).

Text

(a)The rights and remedies granted to an employee subject to this chapter, on account of personal injury or death by accident, including a minor whether lawfully or unlawfully employed, shall exclude all other rights and remedies of the employee, the employee's personal representative, dependents or next of kin, at common law or otherwise, on account of the injury or death.

(b)No employer who fails to secure payment of compensation as required by this chapter, shall be permitted to defend the suit upon any of the following grounds, in any suit brought against the employer by an employee covered by this chapter or by the dependent or dependents of the employee, to recover damages for personal injury or death arising from an accident:

(1)The employee was negligent;

(2)The injury was caus

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(a) The rights and remedies granted to an employee subject to this chapter, on account of personal injury or death by accident, including a minor whether lawfully or unlawfully employed, shall exclude all other rights and remedies of the employee, the employee's personal representative, dependents or next of kin, at common law or otherwise, on account of the injury or death. (b) No employer who fails to secure payment of compensation as required by this chapter, shall be permitted to defend the suit upon any of the following grounds, in any suit brought against the employer by an employee covered by this chapter or by the dependent or dependents of the employee, to recover damages for personal injury or death arising from an accident: (1) The employee was negligent; (2) The injury was caused by the negligence of a fellow servant or fellow employee; or (3) The employee had assumed the risk of the injury. (c) This section shall not be construed to preclude third party indemnity actions against an employer who has expressly contracted to indemnify the third party.

Legislative History

Acts 1919, ch. 123, § 8; Shan. Supp., § 3608a157; Code 1932, § 6859; Acts 1961, ch. 184, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-908; Acts 1985, ch. 326, § 1; 2013, ch. 289, § 13.