2020 Legislative Update

This is a general overview of workers’ compensation legislation passed by the 2020 session of the 111th General Assembly. For a complete, detailed review of this information and all workers’ compensation bills introduced in this legislative session, please go to www.capitol.tn.gov.

MAXIMUM & MINIMUM BENEFIT CHANGES

Temporary Benefits – The maximum weekly benefit rate for injuries occurring July 1, 2020 through June 30, 2021 is $1,093.40 or 110% of the state’s average weekly wage.

Permanent Benefits – The maximum weekly benefit rate for injuries occurring July 1, 2020 through June 30, 2021 is $994.00, or 100% of the state’s average weekly wage.

Minimum Weekly Benefit – The minimum weekly benefit rate for injuries occurring July 1, 2020 through June 30, 2021 for both temporary and permanent benefits is $149.10.

SUNSET LAWS

Public Chapter 637 (SB1649 by Roberts/HB1727 by Daniel)

• Extends the sunset of the advisory council on workers' compensation to June 30, 2021.

Gov. Lee signed Public Chapter 637 into law on April 1, 2020 and it became effective upon signing.

WORKERS’ COMPENSATION COVERAGE AND PENALTY ENFORCEMENT

Public Chapter 682 (SB2189 by Johnson/HB2556 by Lamberth)

• Requires all construction services providers (including out-of-state providers) to maintain primary Tennessee workers' compensation insurance coverage while working in this state and imposes liability on a successor in interest of a penalized construction services provider.

Gov. Lee signed Public Chapter 682 into law on June 15, 2020, and it became effective upon signing for penalties assessed on or after the effective date.  

WORKERS’ COMPENSATION UPDATE: TIMEFRAMES

Public Chapter 731 (SB2190 by Johnson/HB2257 by Lamberth)

• Extends the minimum deadline to 180 days for an injured employee to qualify for and to file a claim for increased benefits with the bureau of workers' compensation; lengthens the period of time from 60 days to 180 days following an injury that an employee has to provide notice to the bureau of workers' compensation of the failure of an employer to have workers’ compensation insurance coverage to qualify for benefits from the Uninsured Employers Fund; removes the 60-day requirement for a full and final hearing on entitlement to benefits from the Uninsured Employers Fund.

Gov. Lee signed Public Chapter 731 into law on June 22, 2020, and it became effective upon signing and applies to injuries occurring on or after the effective date.