Corporate officers in non-construction type employments, may exclude themselves from being covered by the workers’ by filing a Corporate Officer Election Not to Accept Provisions of Workers' Compensation (Form I-6) with the Corporation and must include an affidavit that the officer rejecting the coverage was not advised, counseled or encouraged by the employer or anyone acting on behalf of the employer to waive their rights. The Corporate officer should provide a copy of the exclusion to the agent and carrier for audit purposes. The Form I-6 can be withdrawn by filing a Notice of Corporate Officer’s Revocation of Exemption (Form I-7) with the Corporation. While corporate officers are afforded the right to exempt themselves from a workers’ compensation policy, they are NOT excluded from the count of employees unless they are not paid or compensated
Most subcontractors and independent contractors are sole proprietors or partners. Sole proprietors and partners are usually not covered by their workers' compensation policy when it is written; only the employees are covered, unless the contractor is considered to be a Construction Services Provider. The Independent contractor that is a sole proprietor or partner may elect to be covered by his/her own workers' compensation policy by filing an Election of Sole Proprietor or Partner to Come Within the Provisions of the Tennessee Workers’ Compensation Law (Form I-4) with the Insurer or in the case where the entity is self insured, should file the election with the entity. Sole Proprietors, Partners, and Members of LLCs involved in providing construction services are covered by their workers’ compensation policy (unless they are on the Secretary of State’s exemption registry) and do not need to file Form I-4. The Form I-4 can be withdrawn by filing a Notice of Withdrawal of Sole Proprietor or Partner Election (Form I-5).