# Tenn. Code Ann. § 50-6-108: Right to compensation exclusive

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-108

## Section

- **Citation:** Tenn. Code Ann. § 50-6-108
- **Heading:** Right to compensation exclusive
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 50 / Chapter 6 / Section 50-6-108

## Text

(a) The rights and remedies granted to an employee subject to this chapter, on account of personal injury or death by accident, including a minor whether lawfully or unlawfully employed, shall exclude all other rights and remedies of the employee, the employee's personal representative, dependents or next of kin, at common law or otherwise, on account of the injury or death. (b) No employer who fails to secure payment of compensation as required by this chapter, shall be permitted to defend the suit upon any of the following grounds, 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: (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. (c) This section shall not be construed to preclude third party indemnity actions against an employer who has expressly contracted to indemnify the third party. Acts 1919, ch. 123, § 8; Shan. Supp., § 3608a157; Code 1932, § 6859; Acts 1961, ch. 184, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-908; Acts 1985, ch. 326, § 1; 2013, ch. 289, § 13.
(a) The rights and remedies granted to an employee subject to this chapter, on account of personal injury or death by accident, including a minor whether lawfully or unlawfully employed, shall exclude all other rights and remedies of the employee, the employee's personal representative, dependents or next of kin, at common law or otherwise, on account of the injury or death.
(b) No employer who fails to secure payment of compensation as required by this chapter, shall be permitted to defend the suit upon any of the following grounds, 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: (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.
(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.
(c) This section shall not be construed to preclude third party indemnity actions against an employer who has expressly contracted to indemnify the third party.
Acts 1919, ch. 123, § 8; Shan. Supp., § 3608a157; Code 1932, § 6859; Acts 1961, ch. 184, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-908; Acts 1985, ch. 326, § 1; 2013, ch. 289, § 13.

## Nearby sections

- [Tenn. Code Ann. § 50-6-101 Short title - Controlling law](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-101.md)
- [Tenn. Code Ann. § 50-6-102 Chapter definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-102.md)
- [Tenn. Code Ann. § 50-6-103 Scope of chapter](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-103.md)
- [Tenn. Code Ann. § 50-6-104 Election of corporate officer to be exempt from chapter](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-104.md)
- [Tenn. Code Ann. § 50-6-105 Relief associations or funds for benefit of employees, spouses and dependents unaffected](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-105.md)
- [Tenn. Code Ann. § 50-6-106 Employments not covered](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-106.md)
- [Tenn. Code Ann. § 50-6-107 Application to coal mine operators and employees](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-107.md)
- [Tenn. Code Ann. § 50-6-108 Right to compensation exclusive](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-108.md)
- [Tenn. Code Ann. § 50-6-109 Nonperformance of statutory duty not relieved](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-109.md)
- [Tenn. Code Ann. § 50-6-110 Injuries not covered - Drug and alcohol testing](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-110.md)
- [Tenn. Code Ann. § 50-6-111 Section definitions - Grant program, funding, and administration - Awarding of grants - Annual reports](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-111.md)
- [Tenn. Code Ann. § 50-6-112 Actions against third persons - Attorney's fees - Distribution of recovery - Limitations period](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-112.md)
- [Tenn. Code Ann. § 50-6-113 Liability of principal contractor, intermediate contractor or subcontractor](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-113.md)
- [Tenn. Code Ann. § 50-6-114 Supremacy of chapter - Setoffs for payments by disability plan](https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T50_C6_S50-6-108. Check the current official text before relying on it. Not legal advice.