The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1913-04-19
INDUSTRIAL INSURANCE LAW
Nevada's New Act Defines Many
Lines of Employment and
Fixes Injury Compensation

NevAda's new Industrial Insurance Law
contains "a pages Of detail sections. One in
part reads A. follows:
Section 1. la) Where two or more en-
~pIoyees. a. defined BY this Act. are employed
in the same general employment Aad in the
usual and ordinary transaction Of the business,
il shall BE- presumed that the employer, a.
designated by this act, has elected 20 provide.
secure and pay compensation according to the
terms. Conditions and provisions Of this Act
TO such snplJyes who sustain personal isjury
arising out Of and ia the course Of the employ
ment, and in such case the employer shall be
relieved from liability for recovery for dam
ages or other compensation for such personal
injuries, unless the terms Of this Act other
wise provide.
Cd Where the State, county. municipal
corporation, school district, cities under spec
isl charter OF commission form Of government
is the employer, the limitations Of two en-
ployee- shall not apply, aud as to such en-
ployes and employers thereof the rights and
remedies ~ by this Act provided 10 pay CON-
pensation for personal injuries sustained by
such employees arising out Of and in the course
Of the employment shall be exclusive, COM
pulsory and obligatory.
(cl II an employer having the right under
the provisions Of this Act to elect to reject
the terms, conditions and provisions thereof,
and 10 such case exercises the right in the
manner and form by this Act provided, such
employer shall not escape liability for personal
injury sustained by an employe Of such en-
ployer when the injury sustained arises out of
aud in the usual course Of the employment,
because:
Oh The employe assumed the risks in
herent TO or incidental to or arising out Of his
or her employment; or the risks arising from
the failure Of the employer to maintain .
reasonably safe place to work. or the risks
arising from the failure OF the employer to
furnish reasonably safe tools or appliances, or
because the employer exercised reasonable
care in selecting reasonably competent en-
plOyes in the business.
tN That the injury was caused by the neg
~ligence Of q co-employer.
Isl That the employe was negligent unless
and except it shall appear that such negli-
gence was wilful and with intent TO cause In
jury, or the result Of intoxication on the part
of the injured party.
al In actions by an employe against an
employer for personal injury sustained arising
out Of and in the course Of the employment
where the employer has elected TO reject the
provisions Of this Act, it shall be presumed
that injury to the employs was the first result
and growing out of the negligence Of the en-
ployer; and that such negligence was the prox-
innate cause Of the injury; aud in such case the
burden Of proof shall rest upon the employer
to rebuff the presumption of negligence.
Every such employer shall be conclusively
presumed 10 have elect to provide, secure and
pay compensation to employees for injuries
sustained arising out Of and in course of the
employment according TO the provisions Of
this Act. unless and until notice in writing Of
an election to the contrary shall have been
given to the employe by posting the same in
some conspicuous place where the business is
carried on. and also by filing with the Nevada
Industrial Commission with return thereon
by affidavit showing the date notice was
posted as by this Act provided substantially
the following form: