Defenses Not Available to Employer Failing to Secure Payment of Compensation. [Applicable to Injuries Occurring Prior to July 1, 2014.]

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  2. Tennessee Code
  3. Employer and Employee
  4. Workers' Compensation Law
  5. General Provisions
  6. Defenses Not Available to Employer Failing to Secure Payment of Compensation. [Applicable to Injuries Occurring Prior to July 1, 2014.]

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No employer who fails to secure payment of compensation as required by this chapter, shall, 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, be permitted to defend the suit upon any of the following grounds:

  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.


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