Title 53

NRS 616D.620 Penalty for certain violations; liability for costs of investigation and prosecution; contents of judgment of conviction; receipt of certain money by Attorney General to be used to pay salaries of Fraud Control Unit for Industrial Insurance. 1. If a person is convict…

NRS 617.010 Short title. This chapter shall be known as the Nevada Occupational Diseases Act. [1:44:1947; 1943 NCL § 2800.01]

NRS 617.015 Rights and liabilities of employers and employees. Every employee and the dependent or dependents of such employee and the employer or employers of such employee shall be entitled to all the applicable rights, benefits and immunities and shall be subject to all the ap…

NRS 617.017 Rights and remedies exclusive; provisions of chapter conclusive and obligatory; exclusive remedy extends to architects and engineers working for contractor; compensation bars recovery in other states. 1. The rights and remedies provided in this chapter on account of a…

NRS 617.020 Definitions. Unless a different meaning is clearly indicated by the context, the definitions set forth in NRS 617.030 to 617.150, inclusive, and the definitions set forth in chapter 616A of NRS for additional terms and phrases govern the construction and meaning of th…

NRS 617.030 “Casual” defined. “Casual” refers only to employments where the work contemplated is to be completed in 20 working days or parts thereof in a calendar quarter, without regard to the number of persons employed, and where the total labor cost of the work is less than $5…

NRS 617.050 “Compensation” defined. “Compensation” means the money which is payable to an employee or to the dependents of the employee as provided for in this chapter, and includes benefits for funerals, medical benefits and money for rehabilitative services. [7:44:1947; 1943 NC…

NRS 617.060 “Disablement” and “total disablement” defined. “Disablement” and “total disablement” are used interchangeably in this chapter and mean the event of becoming physically incapacitated by reason of an occupational disease arising out of and in the course of employment as…

NRS 617.065 “Disease related to asbestos” defined. “Disease related to asbestos” means any disease caused by the inhalation of the fibers of asbestos, including but not limited to: 1. Interstitial pulmonary fibrosis; 2. Mesothelioma; and 3. Bronchogenic, laryngeal, lymphatic or g…

NRS 617.070 “Employee” and “worker” defined. “Employee” and “worker” are used interchangeably in this chapter and mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or …

NRS 617.080 “Employee”: Persons excluded. “Employee” excludes: 1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his or her employer. 2. Any person engaged in household domestic service, farm, dairy, agricultur…

NRS 617.091 “Employee”: Lessees engaged in mining or operating a reduction plant. Except as provided in subsection 2 of NRS 617.250, a lessee engaged in either mining or operating a reduction plant shall be deemed to be: 1. An employee of the lessor; and 2. For the purposes of th…

NRS 617.100 “Employee”: Subcontractors and employees. 1. Except as otherwise provided in NRS 617.175, subcontractors, independent contractors and the employees of either shall be deemed to be employees of the principal contractor for the purposes of this chapter. 2. This section …

NRS 617.105 “Employee”: Real estate licensees. Any real estate licensee doing business in this State and receiving wages, commissions or other compensation based upon sales shall be deemed for the purpose of this chapter to earn wages of $1,500 per month. (Added to NRS by 1977, 9…

NRS 617.110 “Employer” defined. “Employer” means: 1. Except as otherwise provided in subsection 4 of NRS 617.210, the State and each county, city, school district, and all public and quasi-public corporations therein, without regard to the number of persons employed. 2. Every per…

NRS 617.120 “Independent contractor” defined. “Independent contractor” means any person who renders service for a specified recompense for a specified result, under the control of the person’s principal as to the result of the person’s work only and not as to the means by which s…

NRS 617.130 “Medical benefits” defined. 1. “Medical benefits” means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatus, including prosthetic devices. 2. The term does not include: (a) Exercise equipment, a hot…

NRS 617.135 “Police officer” defined. “Police officer” includes: 1. A sheriff, deputy sheriff, officer of a metropolitan police department or city police officer; 2. A chief, inspector, supervisor, commercial officer or trooper of the Nevada Highway Patrol Division of the Departm…

NRS 617.140 “Silicosis” defined. “Silicosis” shall mean a disease of the lungs caused by breathing silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and demonstrated by X-ray examination or by autopsy. [Part 26:44:1947; A 1949, 365; 1953, 297]

NRS 617.145 “Sole proprietor” defined. “Sole proprietor” means a self-employed owner of an unincorporated business who has been domiciled in the State of Nevada for at least 6 months immediately prior to filing for coverage and includes working partners and members of working ass…

NRS 617.150 “Subcontractors” defined. “Subcontractors” shall include independent contractors. [15:44:1947; 1943 NCL § 2800.15] ADMINISTRATION

NRS 617.160 Division of Industrial Relations to administer chapter. This chapter must be administered by the Division of Industrial Relations of the Department of Business and Industry in the same manner as provided for in chapters 616A to 616D, inclusive, of NRS. [2:44:1947; 194…

NRS 617.165 Procedures for determination of contested cases. The Chief of the Hearings Division of the Department of Administration may by regulation provide for specific procedures for the determination of contested cases not inconsistent with this chapter. (Added to NRS by 1973…

NRS 617.1665 Payment of premiums by employers insured by private carrier. Every employer insured by a private carrier, to receive the benefits of this chapter and to provide and secure compensation for his or her employees, shall pay premiums according to the classification and r…

NRS 617.1675 Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities: Creation; interest and income; administration. 1. There is hereby created in the State General Fund the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other…

NRS 617.168 Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities: Uses and purposes; reversion. 1. The money in the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities must be expended to provide: (a) The cont…

NRS 617.170 No liability created for disability or death occurring before July 1, 1947. Nothing in this chapter shall create any liability on the part of any employer where disability or death occurred prior to July 1, 1947. [40:44:1947; 1943 NCL § 2800.40]

NRS 617.175 Independent enterprises. 1. A person is not an employer for the purposes of this chapter if: (a) The person enters into a contract with another person or business which is an independent enterprise; and (b) The person is not in the same trade, business, profession or …

NRS 617.190 Devices modifying liability void. 1. Except as otherwise provided for in this chapter, no contract of employment, insurance, relief benefit, indemnity, or any other device, shall modify, change or waive any liability created by this chapter. 2. A contract of employmen…

NRS 617.200 Employers to provide compensation; employer and insurer relieved from liability. 1. Every employer within the provisions of this chapter, and those employers who accept the terms of this chapter and are governed by its provisions, shall provide and secure compensation…

NRS 617.203 Limitation of liability of principal contractor for occupational disease contracted by independent contractor or employee of independent contractor. A principal contractor is not liable for the payment of compensation for any occupational disease contracted by any ind…

NRS 617.205 Self-insured employers to provide compensation; contributions not required; administration of claims; compliance with NRS 616B.300. 1. An employer who is certified as a self-insured employer directly assumes the responsibility for providing compensation due his or her…

NRS 617.206 Effect of certification as association of self-insured public or private employers; responsibilities of association. 1. An association that is certified as an association of self-insured public or private employers directly assumes the responsibility for providing com…

NRS 617.207 Applicability to officers of quasi-public and private corporations and managers of limited-liability companies; rejection of coverage by certain officers and managers. 1. If a quasi-public or private corporation or limited-liability company is required to be insured p…

NRS 617.210 Contractor with State or political subdivision: Submission of certificate of compliance; coverage pursuant to contract; sole proprietor who does not use employees. 1. Except as otherwise provided in this section, before any person, firm or corporation commences work u…

NRS 617.215 Actions at law. If any employer fails to provide and secure compensation under this chapter, any employee contracting an occupational disease as provided in this chapter, or, in case of death, the dependents of the employee, may bring an action at law against the empl…

NRS 617.220 Applicability to employers of excluded persons. Employers whose employees are excluded by NRS 617.080 may elect to cover such employees under the provisions of this chapter by notifying the insurer and the Administrator in writing. The notification subjects an employe…

NRS 617.225 Election by sole proprietor; physical examination; payment of premiums; effect of failure to pay premiums; withdrawal of election. 1. A sole proprietor may elect to be included within the terms, conditions and provisions of this chapter to secure for himself or hersel…

NRS 617.250 Reporting of lessees engaged in mining or operating reduction plant. 1. A lessee engaged in either mining or operating a reduction plant, whose employer is within the provisions of this chapter, must be reported by the employer separately from persons employed at a da…

NRS 617.342 Notice of occupational disease: Requirements; availability of form; retention. 1. An employee or, in the event of the employee’s death, one of the dependents of the employee, shall provide written notice of an occupational disease for which compensation is payable und…

NRS 617.344 Claim for compensation: Requirements for diseased employee, dependent or representative to file claim; form. 1. Except as otherwise provided in subsection 2, an employee who has incurred an occupational disease, or a person acting on behalf of the employee, shall file…

NRS 617.345 Handling of claims by private carrier subject to provisions of chapter; employer and private carrier subject to regulations of Division. The claims of employees and their dependents resulting from injuries while in the employment of employers insured by a private carr…

NRS 617.346 Recovery of compensation barred if notice of occupational disease or claim for compensation is not filed; exceptions. 1. Except as otherwise provided in subsection 2, an employee or, in the event of the death of the employee, the dependent of the employee, is barred f…

NRS 617.348 Dependent of employee barred from filing claim for compensation if untimely or previously denied. A dependent of an employee may not file a claim for compensation for an occupational disease pursuant to the provisions of this chapter if: 1. The time for filing the cla…

NRS 617.352 Claim for compensation: Duty of treating physician or chiropractic physician to file or delegate duty to medical facility; electronic filing; form and contents; maintenance of forms; penalty. 1. Except as otherwise provided in this section, a treating physician or chi…

NRS 617.354 Report of industrial injury or occupational disease: Duty of employer to file; electronic filing; form and contents; penalty. 1. Except as otherwise provided in NRS 616B.727, within 6 working days after the receipt of a claim for compensation from a physician or chiro…