TN · Construction · 85 codes

Construction workers compensation in Tennessee

Construction businesses in Tennessee pay a median rate of $1.45 per $100 of payroll, ranging from $0.160 to $6.04. The national median for Construction is $2.26, so Tennessee sits 36% below the national average. 85 unique NCCI class codes are filed in this state for Construction occupations. Verified 2026-05-09.

Median in TN $1.45
Vs national -36%
Codes filed 85

Top Construction class codes in Tennessee

The class codes most likely to apply to a Construction operation in Tennessee, sorted from cheapest to most expensive per $100 of payroll. Click into any code for the full state-by-state rate comparison.

Tennessee compliance for Construction employers

Coverage threshold

Employers with 5 or more employees are generally required to carry workers' compensation insurance, with exceptions for certain industries.

1099 vs W-2 in Construction

Workers are generally presumed to be employees unless they meet specific criteria for independent contractor status, often based on control and economic dependence.

Owner exclusion

Allowed in Tennessee. Sole proprietor self-coverage optional; LLC member self-coverage optional.

Max weekly benefit

$1,427 at 66.67% of average weekly wage, effective 2025-07-01.

Statute of limitations

1 year from injury date in Tennessee.

Audit window

Tennessee carriers audit payroll within 90 days of policy expiration. Keep Construction payroll segregated by class code and have job-duty documentation ready.

Cross-cite: full Tennessee workers comp overview · Construction cross-state rate comparison · Tennessee workers comp lawyer guide · Tennessee settlement chart

Estimate your Construction premium in Tennessee

Pre-filled to Construction and Tennessee. Adjust payroll to see a real premium range from filed rates.

Estimate your workers comp premium

Pick your industry, state, and annual payroll. Range comes from real rate filings.

Estimated annual premium for Construction in Tennessee

$800to$30,200

Median: $7,250 · Rate range $0.160 to $6.04 per $100 payroll

Industry median across all states

$11,300

Cheapest states for Construction

  • Utah $0.780
  • Washington $1.13
  • Kansas $1.21

Most expensive

  • New Jersey $6.95
  • Illinois $5.01
  • New York $4.84

Estimate based on 24 states of rate-filing data. Actual premium also reflects experience modifier, schedule credits, and carrier underwriting.

Filing checklist for Construction businesses in Tennessee

  1. Step 1, Confirm coverage threshold

    Employers with 5 or more employees are generally required to carry workers' compensation insurance, with exceptions for certain industries. For Construction operations, this typically applies once you make a first W-2 hire, even part-time.

  2. Step 2, Pick the right class code

    Construction businesses typically use codes like 7335, 6251, 6252. The wrong code can cost 4 to 10x more or get reclassified at audit. In Tennessee, the cheapest code on this list is 5191 at $0.350 and the most expensive is 5192 at $1.02.

  3. Step 3, Get a quote

    Private carriers write Construction coverage in Tennessee. Schedule credits up to 25% are typical for low-loss accounts.

  4. Step 4, Document subcontractors

    General contractors are generally liable for the workers' compensation coverage of uninsured subcontractors and their employees. Construction operators with crews of 1099s should keep certificates of insurance for every sub, otherwise the GC absorbs the sub liability at audit.

  5. Step 5, Annual audit

    Carriers audit payroll within 90 days of policy expiration. Have payroll segregated by class code, job descriptions on file, and overtime properly excluded from rated payroll. Construction class allocation can shift if any worker spends more than 50% of time on a different code.

Penalty for non-coverage in Tennessee: Penalties for non-compliance include fines, stop-work orders, and potential criminal charges, with employers liable for all medical expenses and lost wages.

Construction workers comp FAQs in Tennessee

What is the typical workers comp rate for Construction in Tennessee?

Construction employers in Tennessee pay a median rate of $1.45 per $100 of payroll, with rates ranging from $0.160 to $6.04 depending on the specific class code. The national median across all states for Construction is $2.26, so Tennessee sits about 36% below the national average.

How many Construction class codes are filed in Tennessee?

Tennessee has 85 unique NCCI class codes filed for Construction occupations, drawn from 89 state-class code rate cells in our dataset. The most common codes include 7335 (Railroad - Construction/Maintenance), 6251 (Tunneling), 6252 (Shaft Sinking).

Are Construction 1099 contractors covered by workers comp in Tennessee?

Workers are generally presumed to be employees unless they meet specific criteria for independent contractor status, often based on control and economic dependence.

What is the maximum weekly benefit for an injured Construction worker in Tennessee?

Tennessee caps weekly workers comp benefits at $1,427 (effective 2025-07-01), calculated as 66.67% of the average weekly wage. Construction workers are subject to the same statutory cap as workers in any other industry.

How long does a Construction worker have to file a comp claim in Tennessee?

The statute of limitations in Tennessee is 1 year from the date of injury. Most claims also require notice to the employer within 30 days. Construction workers should report any incident on the date it happens, even minor strains, because cumulative trauma claims can fail without contemporaneous documentation.

Can a Construction business owner exclude themselves from comp coverage in Tennessee?

Yes, Tennessee allows business owners (sole proprietors, partners, LLC members, corporate officers) to file an exclusion election. Construction owner-operators often elect out to keep premium below the minimum. Sole-proprietor self-coverage is not required, and LLC member self-coverage is not required.