Workers' compensation covers many on-the-job injuries in Tennessee, but the law has limits. Tennessee Code § 50-6-110 lists the injuries the law will not pay for, puts the burden of proving those defenses on the employer, and gives employers with a drug-free workplace program a set of presumptions after a positive test or a refused test.
| Rule | What § 50-6-110 says |
|---|---|
| Not compensable | Willful misconduct; intentional self-inflicted injury; intoxication or illegal drug usage; willful failure or refusal to use a safety device; willful failure to perform a duty required by law; voluntary recreational, social, athletic, or exercise activities |
| Recreation exceptions | Required by the employer; direct benefit to the employer beyond health and morale; during work hours as part of duties; known unsafe condition at an employer facility |
| Who must prove the defense | The employer |
| Drug-free workplace alcohol thresholds | 0.08% for non-safety-sensitive positions; 0.04% for safety-sensitive positions |
| Positive drug test | Presumed proximate cause, rebuttable by clear and convincing evidence |
| Refused drug test | Presumed the injury was caused by the influence of drugs |
| Employer knew and allowed it | Employer keeps the burden of proof; the presumptions do not apply |
| Positive specimen | Kept by the testing facility for at least 365 days |
Source: Tennessee Code § 50-6-110.
The six injuries the law does not cover
The statute says no compensation is allowed for an injury or death due to the employee's willful misconduct, an intentional self-inflicted injury, intoxication or illegal drug usage, the willful failure or refusal to use a safety device, or the willful failure to perform a duty required by law. Notice how many of these use the word "willful." That word is in the statute, and it is worth reading closely before assuming a claim is barred.
The company picnic rule
The sixth category is voluntary participation in recreational, social, athletic, or exercise activities, such as athletic events, competitions, parties, picnics, or exercise programs, whether or not the employer pays for them. There are four exceptions. The injury can still be covered if participation was expressly or impliedly required by the employer, if it produced a direct benefit to the employer beyond employee health and morale, if it happened during work hours as part of the employee's duties, or if it was caused by an unsafe condition at an employer-provided facility that the employer knew about and did not fix or stop. If you sponsor a softball team or a holiday party, it helps to be clear in writing about whether attendance is optional.
The employer has to prove it
If the employer defends a claim on any of these grounds, the statute puts the burden of proof on the employer to establish the defense. A hunch that an employee was impaired, or that a guard was removed on purpose, is not enough by itself.
How a drug-free workplace program changes things
For employers that have implemented a drug-free workplace under the state program, the statute creates presumptions. If the injured employee's blood alcohol concentration is at or above 0.08% for a non-safety-sensitive position, or 0.04% for a safety-sensitive position, or there is a positive confirmation of a drug, the law presumes the drug or alcohol was the proximate cause of the injury. The employee can rebut that with clear and convincing evidence that it was not the cause. A positive specimen must be kept by the testing facility for at least 365 days.
If an injured worker refuses a drug test, the law presumes the injury was caused by the influence of drugs, unless there is clear and convincing evidence otherwise. But if the employer knew before the accident that the employee was at work under the influence and went along with it, the employer keeps the burden of proof and the presumptions do not apply. The state is also proposing changes to its drug-free workplace rules: Tennessee wants to add kratom to its drug-free workplace rules, with a workers’ comp hearing on Nov. 10.
What employers can do now
- Put safety device rules in writing, train on them, and document the training.
- If you want the testing presumptions, ask whether your business has formally implemented a drug-free workplace program under the state rules.
- Never knowingly let an impaired employee keep working; the statute takes the presumption away if you do.
- Report injuries on time even when you plan to contest them: Tennessee workers generally have 15 days to report a job injury, and most employers then owe them a choice of three doctors.
- Confirm your own coverage is active: TDCI’s workers’ comp page says verify coverage online — a certificate may not warn you of cancellation.
If a claim is disputed, here is the deadline to ask the Bureau to decide it: Most injured Tennessee workers have one year to file a Petition for Benefit Determination before the claim is barred.
This article is informational only. It summarizes a Tennessee statute and is not legal advice. It does not promise coverage, eligibility, or the outcome of any claim or defense; your policy, the facts, and the Bureau of Workers' Compensation and courts control.
Related reading from All Seasons
- Tennessee wants to add kratom to its drug-free workplace rules, with a workers’ comp hearing on Nov. 10.
- Tennessee workers generally have 15 days to report a job injury, and most employers then owe them a choice of three doctors.
- TDCI’s workers’ comp page says verify coverage online — a certificate may not warn you of cancellation.
- In Tennessee, a business that hires a subcontractor can owe workers' comp to the subcontractor's injured employee.
- Most injured Tennessee workers have one year to file a Petition for Benefit Determination before the claim is barred.
- Tennessee workers' comp does not pay lost wages for the first seven days unless the disability lasts 14 days.
- TDCI explains how Tennessee employers buy workers’ comp and reach the residual market.
Free policy review
All Seasons Insurance Group offers a free personal policy review. Call 865-263-1400 or visit asigtn.com/get-a-quote/. This article is informational only and does not promise coverage or eligibility; your policy forms control. Seasons change. So should your coverage.
What injuries does Tennessee workers' comp not cover?
Tennessee Code § 50-6-110 bars compensation for injuries due to willful misconduct, intentional self-inflicted injury, intoxication or illegal drug usage, willful failure or refusal to use a safety device, willful failure to perform a duty required by law, and certain voluntary recreational activities.
Is an injury at a company softball game covered?
Voluntary recreational, social, and athletic activities are excluded unless participation was required, produced a direct benefit to the employer beyond health and morale, was during work hours as part of the job, or the injury came from a known unsafe condition at an employer facility.
Who has to prove the injury falls into an excluded category?
The employer. The statute says that if the employer defends on one of these grounds, the burden of proof is on the employer to establish the defense.
What blood alcohol level triggers the presumption?
For employers with a drug-free workplace program, 0.08% for non-safety-sensitive positions or 0.04% for safety-sensitive positions, as determined by blood or breath testing.
Can an employee overcome a positive test?
Yes. The presumption may be rebutted by clear and convincing evidence that the drug or alcohol was not the proximate cause of the injury.
What if the injured worker refuses a drug test?
The statute presumes the proximate cause of the injury was the influence of drugs, absent clear and convincing evidence to the contrary.
What if the employer knew the employee was impaired?
If the employer had actual knowledge and acquiesced in the employee being at work under the influence before the accident, the employer keeps the burden of proof and the drug-free workplace presumption does not apply.
How can All Seasons help after reading this?
Call 865-263-1400 or visit asigtn.com/get-a-quote/ for a free personal policy review. Informational only; no coverage promises. Seasons change. So should your coverage.
