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TennesseeTN Supplementhard100% of exam part

A Tennessee contractor with 15 employees fails to maintain workers' compensation coverage. In addition to penalties, what other consequence may occur?

Correct Answer

A) License suspension and criminal charges

Tennessee law provides for both contractor license suspension and potential criminal charges for failure to maintain required workers' compensation coverage.

Answer Options
A
License suspension and criminal charges
B
Mandatory business closure
C
Fine up to $2,500
D
License suspension only

Why This Is the Correct Answer

Option A is correct. Under Tennessee law (T.C.A. § 50-6-405 and related statutes), a contractor with 5 or more employees who fails to maintain required workers' compensation coverage faces both contractor license suspension by the Tennessee Contractors Licensing Board and potential criminal charges. The dual consequence of license action and criminal exposure makes this one of the most serious compliance failures a Tennessee contractor can commit.

Why the Other Options Are Wrong

Option B: Mandatory business closure

Option B is wrong because Tennessee law does not mandate automatic business closure for workers' compensation non-compliance. While license suspension effectively prevents licensed contracting work, it is not the same as mandatory business closure, and criminal charges — not closure — are the secondary consequence specified in law.

Option C: Fine up to $2,500

Option C is wrong because a $2,500 fine alone dramatically understates the consequences. While monetary penalties exist, the question asks about consequences beyond standard penalties — and the answer is license suspension plus potential criminal charges, not a modest fine.

Option D: License suspension only

Option D is wrong because 'license suspension only' is incomplete. Tennessee law provides for criminal charges in addition to license suspension for willful failure to maintain required coverage, particularly when the contractor has enough employees to trigger the mandatory coverage requirement (which for contractors applies at 5+ employees).

Memory Technique

Tennessee workers' comp violation = double jeopardy: License suspended (civil) + criminal charges possible. Think of it as the 'two-hit rule' in Tennessee — they can hit your license AND hit you criminally. With 15 employees (well above the 5-employee threshold), there is no ambiguity about the coverage requirement.

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