Workers Compensation Insurance Page

Workers’ compensation or workers’ comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee’s right to sue his or her employer for the tort of negligence.   

Workers’ compensation is a no-fault insurance program in the State of Nevada, which provides benefits to employees who are injured on the job and protection to employers who have provided coverage at the time of injury.  

Because Nevada has “exclusive remedy,” the injured workers’ benefits are set forth in the statutes. Employers who provide coverage for their employees at the time of injury are protected from any additional damages claimed by their employees as a result of an injury on the job. This protection is established when the injured employee opts to receive workers’ compensation benefits.  

Because Nevada has “exclusive remedy,” the injured workers’ benefits are set forth in the statutes. Employers who provide coverage for their employees at the time of injury are protected from any additional damages claimed by their employees as a result of an injury on the job. This protection is established when the injured employee opts to receive workers’ compensation benefits.  

Statutory No-Fault Compensation

Workers’ compensation statutes are intended to eliminate the need for litigation and the limitations of common law remedies by having employees give up the potential for pain- and suffering-related awards, in exchange for not being required to prove tort (legal fault) on the part of their employer. The laws provide employees with monetary awards to cover loss of wages directly related to the accident as well as to compensate for permanent physical impairments and medical expenses.

The laws also provide benefits for dependents of those workers who are killed in work-related accidents or illnesses. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most accidents. US state statutes establish this framework for most employment. US federal statutes are limited to federal employees or to workers employed in some significant aspect of interstate commerce.

The exclusive remedy provision states that workers compensation is the sole remedy available to injured workers, thus preventing employees from also making tort liability claims against their employers.

Employers should provide a safe workplace, provide safe tools, give warnings of dangers, provide adequate co-worker assistance (fit, trained, suitable “fellow servants”) so that the worker is not overburdened, and promulgate and enforce safe work rules. 

Nevada’s Workers’ Compensation Program provides a variety of benefits which are designed to assist the injured employee. These benefits may include (among others): 

• Medical treatment; 

• Lost time compensation (TTD/TPD); 

• Permanent Partial Disability (PPD); 

• Permanent Total Disability (PTD); 

• Vocational Rehabilitation; 

• Dependent’s benefits in the event of death; and 

• Other claims-related benefits or expenses (i.e., mileage) 

Unless excluded by statute, it is mandatory for an employer who has one or more employees to provide workers’ compensation insurance coverage. Some employees are excluded by NRS 616A.110 due to unique criteria. 

Employment exempt from workers’ compensation insurance coverage requirements includes: 

•Employment related to those interstate commerce entities that are not subject to the legislative power of the state of Nevada. 

•Employment covered by private disability and death benefit plans which comprehend compensation payments of equal or greater amounts than those provided in NRS 616 and which have been in effect for one year prior to July 1, 1947; 

•Employees who are brought into Nevada on a temporary basis and who are insured in another state if extraterritorial coverage provisions are in effect with the other state.  Exception: the construction trades. 

•Casual employment (employment lasting not more than 20 days and having a total labor cost of less than $500) is exempt if employment is not in the course of trade, business, profession or occupation of the employer. 

CONSTRUCTION TRADES ARE REQUIRED TO HAVE WORKERS’ COMPENSATION INSURANCE.  

The Division of Industrial Relations, Workers’ Compensation Section (WCS) is responsible for ensuring all employers are in compliance with the law. Employers who do not provide workers’ compensation will be charged with an administrative fine up to $15,000; appropriate premium penalties; may be ordered to close business until insurance has been obtained; and will be held financially responsible for all costs arising from a work-related injury. In addition, the uninsured employer may be subject to a criminal penalty for claims resulting in substantial bodily harm or death. (NRS 616D.200 & NAC 616D.345).

All Risk Insurance Solutions, Inc. can provide Workers' Compensation Insurance for any kind of business. We have over 40 carriers. Every carrier insures different kinds of businesses. Your industry and the employees job duties determines which company I use.