reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.587 - Payment of cost of additional compensation resulting from subsequent injury of employee of employer insured by private carrier.

Except as otherwise provided in NRS 616B.590:
1. If an employee of an employer who is insured by a private carrier has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the Subsequent Injury Account for Private Carriers in accordance with regulations adopted by the Administrator.
2. If the subsequent injury of such an employee results in his or her death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the Subsequent Injury Account for Private Carriers in accordance with regulations adopted by the Administrator.
3. As used in this section, "permanent physical impairment" means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a "permanent physical impairment" unless it would support a rating of permanent impairment of 6 percent or more of the whole person if evaluated according to the American Medical Association’s
Guides to the Evaluation of Permanent Impairment
as adopted and supplemented by the Division pursuant to NRS 616C.110.
4. To qualify under this section for reimbursement from the Subsequent Injury Account for Private Carriers, the private carrier must establish by written records that the employer had knowledge of the "permanent physical impairment" at the time the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.
5. A private carrier must submit to the Administrator a claim for reimbursement from the Subsequent Injury Account for Private Carriers.
6. The Administrator shall adopt regulations establishing procedures for submitting claims against the Subsequent Injury Account for Private Carriers. The Administrator shall notify the private carrier of his or her decision on such a claim within 120 days after the claim is received.
7. An appeal of any decision made concerning a claim against the Subsequent Injury Account for Private Carriers must be submitted directly to the appeals officer. The appeals officer shall hear such an appeal within 45 days after the appeal is submitted to the appeals officer.
(Added to NRS by 1995, 2124; A 1997, 593, 596; 2001, 2763; 2007, 394)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.590 - Reimbursement of private carrier for cost of additional compensation resulting from subsequent injury.

1. A private carrier who pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the Subsequent Injury Account for Private Carriers if:
(a) The employee knowingly made a false representation as to his or her physical condition at the time the employee was hired by the employer insured by a private carrier;
(b) The employer relied upon the false representation and this reliance formed a substantial basis of the employment; and
(c) A causal connection existed between the false representation and the subsequent disability.
If the subsequent injury of the employee results in his or her death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the Subsequent Injury Account for Private Carriers.
2. A private carrier shall notify the Administrator of any possible claim against the Subsequent Injury Account for Private Carriers pursuant to this section no later than 60 days after the date of the subsequent injury or the date the employer learns of the employee’s false representation, whichever is later.
(Added to NRS by 1995, 2124; A 1997, 593, 596; 2001, 2764)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.600 - Exemption of employer and employee temporarily within State; exception; effect of employee working in another state where coverage required.

1. Except as limited in subsection 3, any employee who has been hired outside of this State and his or her employer are exempted from the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS while the employee is temporarily within this State doing work for the employer if the employer has furnished industrial insurance pursuant to the Nevada Industrial Insurance Act or similar laws of a state other than Nevada so as to cover the employee’s employment while in this State if:
(a) The extraterritorial provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS are recognized in the other state; and
(b) Employers and employees who are covered in this State are likewise exempted from the application of the Nevada Industrial Insurance Act or similar laws of the other state.
The benefits provided in the Nevada Industrial Insurance Act or similar laws of the other state are the exclusive remedy against the employer for any injury, whether resulting in death or not, received by the employee while working for the employer in this State.
2. A certificate from the Administrator or similar officer of another state certifying that the employer of the other state is insured therein and has provided extraterritorial coverage insuring employees of the employer while working within this State is prima facie evidence that the employer carried the industrial insurance.
3. The exemption provided for in this section does not apply to the employees of a contractor, as defined in NRS 624.020, operating within the scope of the license of the contractor.
4. An employer is not required to maintain coverage for industrial insurance in this State for an employee who has been hired or is regularly employed in this State, but who is performing work exclusively in another state, if the other state requires the employer to provide coverage for the employee in the other state. If the employee receives personal injury by accident arising out of and in the course of his or her employment, any claim for compensation must be filed in the state in which the accident occurred, and such compensation is the exclusive remedy of the employee or the dependents of the employee. This subsection does not prevent an employer from maintaining coverage for the employee pursuant to the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS.
[Part 74:168:1947; A 1955, 187]—(NRS A 1981, 1464; 1989, 578, 682; 1993, 325; 1995, 2015; 1999, 218)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.603 - Independent enterprises.

1. A person is not an employer for the purposes of chapters 616A to 616D, inclusive, of NRS 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 occupation as the independent enterprise.
2. As used in this section, "independent enterprise" means a person who holds himself or herself out as being engaged in a separate business and:
(a) Holds a business or occupational license in his or her own name; or
(b) Owns, rents or leases property used in furtherance of the business.
3. The provisions of this section do not apply to:
(a) A principal contractor who is licensed pursuant to chapter 624 of NRS.
(b) A real estate broker who has a broker-salesperson or salesperson associated with the real estate broker pursuant to NRS 645.520.
4. The Administrator may adopt such regulations as are necessary to carry out the provisions of this section.
(Added to NRS by 1991, 2392; A 1995, 2136)—(Substituted in revision for NRS 616.262)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.606 - Real estate brokers and salespersons not employers under certain circumstances.

Any person licensed pursuant to the provisions of chapter 645 of NRS who engages an independent contractor to maintain or repair property on behalf of an individual property owner or an association of property owners is not a statutory employer for the purposes of chapters 616A to 616D, inclusive, of NRS.
(Added to NRS by 1987, 450)—(Substituted in revision for NRS 616.263)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.609 - Devices modifying liability void; exception.

1. Except as otherwise provided in subsection 2:
(a) A contract of employment, insurance, relief benefit, indemnity, or any other device, does not modify, change or waive any liability created by chapters 616A to 616D, inclusive, of NRS.
(b) A contract of employment, insurance, relief benefit, indemnity, or any other device, having for its purpose the waiver or modification of the terms or liability created by chapters 616A to 616D, inclusive, of NRS is void.
2. Nothing in this section prevents an owner or lessor of real property from requiring an employer who is leasing the real property from agreeing to insure the owner or lessor of the property against any liability for repair or maintenance of the premises.
[25:168:1947; 1943 NCL § 2680.25]—(NRS A 1989, 1245)—(Substituted in revision for NRS 616.265)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.612 - Employers to provide compensation; effect of participation in consolidated insurance program; relief from certain liability.

1. Every employer within the provisions of chapters 616A to 616D, inclusive, or 617 of NRS, and those employers who accept the terms of those chapters and are governed by their provisions, shall provide and secure compensation according to the terms, conditions and provisions of those chapters for any personal injuries by accident sustained by an employee arising out of and in the course of the employment.
2. A contractor or subcontractor shall be deemed to have provided and secured compensation for his or her employees as required pursuant to subsection 1 to the extent that those employees are covered by a consolidated insurance program.
3. Travel for which an employee receives wages shall, for the purposes of chapters 616A to 616D, inclusive, of NRS, be deemed in the course of employment.
4. In such cases the employer or any insurer of the employer is relieved from other liability for recovery of damages or other compensation for those personal injuries unless otherwise provided by the terms of chapters 616A to 616D, inclusive, of NRS.
[26:168:1947; 1943 NCL § 2680.26]—(NRS A 1971, 2058; 1995, 2016; 1999, 1723, 3146)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.615 - Self-insured employers to provide compensation; relief from premiums and liability; administration of claims.

1. An employer who is certified as a self-insured employer directly assumes the responsibility for providing compensation due his or her employees and their beneficiaries under chapters 616A to 617, inclusive, of NRS.
2. A self-insured employer is not required to pay the premiums required of other employers pursuant to chapters 616A to 617, inclusive, of NRS but is relieved from other liability for personal injury to the same extent as are other employers.
3. The claims of employees and their beneficiaries resulting from injuries while in the employment of self-insured employers must be handled in the manner provided by chapters 616A to 616D, inclusive, of NRS, and the self-insured employer is subject to the regulations of the Division with respect thereto.
4. The security deposited pursuant to NRS 616B.300 does not relieve that employer from responsibility for the administration of claims and payment of compensation under chapters 616A to 616D, inclusive, of NRS.
(Added to NRS by 1979, 1035; A 1981, 1465; 1993, 1862)—(Substituted in revision for NRS 616.272)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.618 - Applicability to State, political subdivisions and their contractors.

Except as otherwise provided in subsection 4 of NRS 616B.627, when the State or a county, city, school district, metropolitan police department, or other political subdivision, or a contractor under such a governmental entity is the employer, the provisions of chapters 616A to 616D, inclusive, of NRS for the payment of compensation and the amount thereof for any injury sustained by an employee are conclusive, compulsory and obligatory upon both employer and employee without regard to the number of persons in the service of any such employer.
[28:168:1947; 1943 NCL § 2680.28]—(NRS A 1973, 926; 1985, 665; 1993, 710; 1995, 2016; 2001, 608)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.621 - Applicability to certain trainees enrolled in rehabilitation facilities.

1. In case of injury, coverage by industrial insurance must be provided for trainees while enrolled in a rehabilitation facility by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, related to evaluation, treatment, training, surgical apparatuses or medications.
2. The Director of the Department of Employment, Training and Rehabilitation shall make payments to the insurer on all trainees who are enrolled in a rehabilitation facility by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation in this State at the rate approved by the Commissioner and based on a wage of $200 per month per trainee.
(Added to NRS by 1965, 91; A 1967, 833; 1973, 1406; 1981, 1465; 1987, 425; 1993, 1862; 1995, 2016; 2017, 271)—(Substituted in revision for NRS 616.277)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.627 - 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 under any contract with the State or any political subdivision thereof, or a metropolitan police department, the contractor shall furnish to the state agency, political subdivision or metropolitan police department having charge of the letting of the contract a certificate of the insurer certifying that the contractor has complied with the provisions of chapters 616A to 616D, inclusive, of NRS. A state agency, political subdivision or metropolitan police department may furnish coverage for industrial insurance for a contractor as specified in the contract.
2. In lieu of furnishing a certificate of an insurer pursuant to the provisions of subsection 1, a sole proprietor who does not use the services of his or her employees, if any, in the performance of a contract with the State or any political subdivision thereof, or a metropolitan police department, may submit to a state agency, political subdivision or metropolitan police department specified in subsection 1 an affidavit indicating that the sole proprietor:
(a) In accordance with the provisions of NRS 616B.659, has not elected to be included within the terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS; and
(b) Is otherwise in compliance with those terms, conditions and provisions.
3. If a sole proprietor submits an affidavit specified in subsection 2 to a state agency, political subdivision or metropolitan police department specified in subsection 1, the state agency, political subdivision or metropolitan police department shall not require the sole proprietor to obtain industrial insurance for himself or herself during any period in which the sole proprietor performs work under the contract for which he or she submitted the affidavit.
4. A state agency, political subdivision or metropolitan police department that lets a contract to a sole proprietor in accordance with this section:
(a) Must not, for any purpose, be considered to be the employer of the sole proprietor or the employees of the sole proprietor, if any; and
(b) Is not liable as a principal contractor to the sole proprietor or the employees of the sole proprietor, if any, for any compensation or other damages as a result of an industrial injury or occupational disease incurred in the performance of the contract.
[29:168:1947; 1943 NCL § 2680.29]—(NRS A 1973, 927; 1981, 1465; 1985, 665; 1993, 549; 2001, 609)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.630 - Notification of State Contractors’ Board and Administrator if contractor no longer provides industrial insurance.

1. The Administrator shall, not later than 10 days after receiving notice from the advisory organization that a contractor’s coverage has lapsed, notify the State Contractors’ Board of that fact.
2. The Commissioner shall notify the Administrator and the State Contractors’ Board within 10 days after a contractor’s certificate of qualification as a self-insured employer is cancelled or withdrawn or the contractor is no longer a member of an association of self-insured public or private employers.
(Added to NRS by 1983, 541; A 1993, 710; 1995, 2017; 1997, 1434; 2005, 1490)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.633 - Applicability to all employers who employ at least one employee.

Where an employer has in his or her service any employee under a contract of hire, except as otherwise expressly provided in chapters 616A to 616D, inclusive, of NRS, the terms, conditions and provisions of those chapters are conclusive, compulsory and obligatory upon both employer and employee.
[30:168:1947; A 1949, 659; 1951, 485]—(NRS A 1973, 599; 1975, 1018; 1995, 2017)—(Substituted in revision for NRS 616.285)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.636 - Actions at law by employees.

1. If any employer within the provisions of NRS 616B.633 fails to provide and secure compensation under chapters 616A to 616D, inclusive, of NRS, any injured employee or the dependents of the employee may bring an action at law against the employer for damages as if those chapters did not apply.
2. The injured employee or the dependents of the employee may in such an action attach the property of the employer at any time upon or after the institution of the action, in an amount fixed by the court, to secure the payment of any judgment which is ultimately obtained. The provisions of chapters 31 and 71 of NRS govern the issuance of, and proceedings upon, the attachment.
3. In such an action, the employer does not escape liability for personal injury or accident sustained by the employee, when the injury sustained arises out of and in the course of the employment, because:
(a) The employee assumed the risks:
(1) Inherent or incidental to, or arising out of his or her employment;
(2) Arising from the failure of the employer to provide and maintain a reasonably safe place to work; or
(3) Arising from the failure of the employer to furnish reasonably safe tools, motor vehicles or appliances.
(b) The employer exercised reasonable care in selecting reasonably competent employees in the business.
(c) The injury was caused by the negligence of a coemployee.
(d) The employee was negligent, unless it appears that such negligence was willful and with intent to cause injury or the injured party was intoxicated.
In such cases it is presumed that the injury to the employee was the result of the negligence of the employer and that such negligence was the proximate cause of the injury, and the burden of proof rests upon the employer to rebut the presumption of negligence.
[31:168:1947; 1943 NCL § 2680.31]—(NRS A 1960, 154; 1975, 1020; 1991, 2408)—(Substituted in revision for NRS 616.375)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.639 - Limitation of liability of principal contractor for industrial injury to independent contractor or employee of independent contractor.

1. A principal contractor is not liable for the payment of compensation for any industrial injury to any independent contractor or any employee of an independent contractor if:
(a) The contract between the principal contractor and the independent contractor is in writing and the contract provides that the independent contractor agrees to maintain coverage for industrial insurance pursuant to chapters 616A to 616D, inclusive, of NRS;
(b) Proof of such coverage is provided to the principal contractor;
(c) The principal contractor is not engaged in any construction project; and
(d) The independent contractor is not in the same trade, business, profession or occupation as the principal contractor.
2. The Administrator may adopt such regulations as are necessary to carry out the provisions of this section.
(Added to NRS by 1991, 2392)—(Substituted in revision for NRS 616.286)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.642 - Limitation on liability of owner of property who is not acting as principal contractor.

An owner of property who is not acting as a principal contractor may not be held liable for any payment, in excess of any remaining money retained by the owner to assure payments under chapters 616A to 616D, inclusive, of NRS, of costs relating to industrial insurance required to be paid by the owner’s principal contractor or any subcontractor, should the principal contractor or subcontractor default or otherwise be unable to pay for the required insurance.
(Added to NRS by 1987, 449)—(Substituted in revision for NRS 616.287)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.645 - Determination of obligation of principal contractor or owner of property: Preliminary statement of coverage; issuance or denial of final certificate of coverage.

1. To determine his or her obligation to pay premiums for industrial insurance on behalf of his or her subcontractors and independent contractors and their employees, a principal contractor or owner of property acting as a principal contractor may request the appropriate insurer to:
(a) Provide the principal contractor or owner with a statement certifying whether:
(1) Each of the subcontractors and independent contractors working in the principal contractor’s or owner’s project is insured; and
(2) Each sole proprietor who is a subcontractor or independent contractor has elected coverage for himself or herself pursuant to chapters 616A to 617, inclusive, of NRS.
(b) During the course of the project, notify the principal contractor or owner whenever any of the subcontractors or independent contractors fail to pay premiums or otherwise maintain industrial insurance.
2. Upon completion of the project, the principal contractor or owner may request the insurer to certify that each subcontractor or independent contractor who was previously reported by the insurer as having coverage for industrial insurance has maintained it by paying all premiums due throughout the entire course of the project. The insurer shall, within 60 days after receiving such a request, issue:
(a) A final certificate which states that each such subcontractor and independent contractor has paid in full all premiums due for the project and that the principal contractor or owner is relieved of all liability for payment of any additional premiums related to the particular project; or
(b) A letter denying the issuance of a final certificate related to the project. Such a letter may be issued if a subcontractor or independent contractor:
(1) Is delinquent in the payment of premiums due on the project;
(2) Has left the State;
(3) Is uncooperative in a required audit of his or her records;
(4) Is principally located out of State and an audit is required;
(5) Is delinquent in submitting his or her records relating to his or her payroll;
(6) Has closed his or her account with the insurer and premiums are due;
(7) Has failed to submit required information to the insurer;
(8) Is protesting the results of a required audit;
(9) Elected not to insure himself or herself; or
(10) Has committed any other action which, in the opinion of the insurer, may result in his or her failure to pay all premiums due.
3. If the insurer does not issue a final certificate or letter denying the issuance of the certificate within 60 days after receiving a request therefor, a final certificate shall be deemed to have been issued.
(Added to NRS by 1987, 449; A 1995, 2017)—(Substituted in revision for NRS 616.288)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.650 - Election by employer; effect of failure to provide industrial insurance.

1. Where the employer, as provided in chapters 616A to 616D, inclusive, of NRS, has given notice of an election to accept the terms of those chapters, and the employee has not given notice of an election to reject the terms of those chapters, the employer shall provide and secure, and the employee shall accept, compensation in the manner provided in those chapters for all personal injuries sustained arising out of and in the course of the employment.
2. Every employer electing to be governed by the provisions of chapters 616A to 616D, inclusive, of NRS, before becoming entitled to receive the benefits of those chapters, must comply with all conditions and provisions of those chapters during the period of such election.
3. Failure on the part of any employer to provide industrial insurance as required by the provisions of chapters 616A to 616D, inclusive, of NRS operates as a rejection of the terms of those chapters. If an employer rejects those chapters, or any of their terms, the employer shall post a notice of rejection of the terms of those chapters upon the employer’s premises in a conspicuous place. The employer at all times shall maintain the notice or notices so provided for the information of his or her employees.
[Part 36:168:1947; 1943 NCL § 2680.36]—(NRS A 1979, 1045; 1993, 711; 1995, 2019)—(Substituted in revision for NRS 616.305)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.653 - Reporting of agreements with lessees engaged in mining or operating reduction plant; exception.

1. A lessee engaged in either mining or operating a reduction plant whose employer is within the provisions of chapters 616A to 616D, inclusive, of NRS, must be reported by the employer separately from persons employed at a daily wage, and the report must describe briefly:
(a) The agreement under which the work is to be performed;
(b) The aggregate number of shifts worked during the preceding month; and
(c) The total amount earned by lessees, computed on the average daily wages of workers engaged in like work in the same locality.
Otherwise the payroll reports and premium payments on earnings of lessees described in this section are governed by the requirements of chapters 616A to 616D, inclusive, of NRS regarding employees engaged at a regular wage.
2. If such a lessee files with the Administrator and the insurer an acceptance of the provisions of chapters 616A to 616D, inclusive, of NRS and, if applicable, pays the premiums in advance upon the estimated earnings of the lessee and any workers the lessee may employ, the lessor is relieved of this obligation.
[16:168:1947; 1943 NCL § 2680.16]—(NRS A 1967, 1369; 1975, 619, 1019; 1977, 236; 1981, 1467; 1987, 598; 1995, 2020)—(Substituted in revision for NRS 616.310)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.656 - Election by employer of excluded persons.

1. An employer in this State having in his or her employment any employee excluded from the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to NRS 616A.110 may elect to cover such employees under the provisions of those chapters in the manner provided in this section.
2. The election on the part of the employer must be made by filing with the Administrator and the insurer a written statement that the employer accepts the provisions of chapters 616A to 616D, inclusive, of NRS which, when filed, operates to subject the employer to the provisions of those chapters until the employer files with the Administrator and the insurer a notice in writing that the employer withdraws the election.
3. An employee in the service of any such employer shall be deemed to have accepted, and is subject to, the provisions of chapters 616A to 616D, inclusive, of NRS if, at the time of the accident for which compensation is claimed:
(a) The employer charged with liability is subject to the provisions of those chapters, whether or not the employee has actual notice thereof; and
(b) The employee has not given to his or her employer and to the Administrator and the insurer notice in writing that the employee elects to reject the provisions of those chapters.
4. An employee who has rejected the provisions of chapters 616A to 616D, inclusive, of NRS may at any time thereafter elect to waive the rejection by giving notice in writing to his or her employer and to the Administrator and the insurer which becomes effective when filed with the Administrator and the insurer.
[Part 37:168:1947; 1943 NCL § 2680.37]—(NRS A 1957, 209; 1975, 1019; 1981, 1467; 1987, 655; 1993, 711; 1995, 2020)—(Substituted in revision for NRS 616.315)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.659 - 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 chapters 616A to 616D, inclusive, of NRS to secure for himself or herself compensation equivalent to that to which an employee is entitled for any accidental injury sustained by the sole proprietor which arises out of and in the course of his or her self-employment by filing a written notice of election with the Administrator and a private carrier.
2. A private carrier may require a sole proprietor who elects to accept the terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS to submit to a physical examination before his or her coverage commences. If a private carrier requires such a physical examination, the private carrier shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination must be paid by the sole proprietor.
3. A sole proprietor who elects to submit to the provisions of chapters 616A to 616D, inclusive, of NRS shall pay to the private carrier premiums in such manner and amounts as may be prescribed by the regulations of the Commissioner.
4. If a sole proprietor fails to pay all premiums required by the regulations of the Commissioner, the failure operates as a rejection of chapters 616A to 616D, inclusive, of NRS.
5. A sole proprietor who elects to be included pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS remains subject to all terms, conditions and provisions of those chapters and all regulations of the Commissioner until the sole proprietor files written notice with the Administrator and the private carrier that the sole proprietor withdraws his or her election.
6. For the purposes of chapters 616A to 616D, inclusive, of NRS, a sole proprietor shall be deemed to be receiving a wage of $300 per month unless, at least 90 days before any injury for which the sole proprietor requests coverage, the sole proprietor files written notice with the Administrator and the private carrier that he or she elects to pay an additional amount of premiums for additional coverage. If the private carrier receives the additional premiums it requires for such additional coverage, the sole proprietor shall be deemed to be receiving a wage of $1,800 per month.
(Added to NRS by 1975, 1017; A 1981, 712, 1468; 1991, 1688; 1995, 2021; 1999, 1774; 2001, 2452)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.662 - Rejection of coverage by employer; relief from payment of premiums.

An employer having come under chapters 616A to 616D, inclusive, or chapter 617 of NRS who thereafter elects to reject the terms, conditions and provisions of those chapters is not relieved from the payment of premiums to the insurer before the time the employer’s notice of rejection becomes effective if any are due. The premiums may be recovered in an action at law.
[76:168:1947; 1943 NCL § 2680.76]—(NRS A 1979, 1045; 1981, 1468; 1995, 2021; 1999, 219)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.710 - Establishment and administration of program: Prerequisites; mandatory participation; payments to contractors or subcontractors.

1. A private company, public entity or utility may:
(a) Establish and administer a consolidated insurance program to provide industrial insurance coverage for employees of contractors and subcontractors who are engaged in a construction project or series of projects of which the private company, public entity or utility is the owner or principal contractor, if the estimated total cost of the construction project or series of projects is equal to or greater than $50,000,000; and
(b) As a condition precedent to the award of a contract to perform work on the construction project or any project that is part of the series of projects, require that contractors and subcontractors who will be engaged in the construction of the project or series of projects participate in the consolidated insurance program.
2. If a private company, public entity or utility:
(a) Establishes and administers a consolidated insurance program; and
(b) Pursuant to the contract for the construction of the project or series of projects, owes a periodic payment to a contractor or subcontractor whose employees are covered under the consolidated insurance program,
the private company, public entity or utility shall not withhold such a periodic payment on the basis that the contractor or subcontractor has not signed an employer’s report of industrial injury or occupational disease as required pursuant to NRS 616C.045.
3. As used in this section:
(a) "Estimated total cost" means the estimated cost to complete all parts of a construction project or series of projects, including, without limitation, the cost of:
(1) Designing the project or series of projects;
(2) Acquiring the real property on which the project or series of projects will be constructed;
(3) Connecting the project or series of projects to utilities;
(4) Excavating and carrying out underground improvements for the project or series of projects; and
(5) Acquiring equipment and furnishings for the project or series of projects.
The term does not include the cost of any fees or charges associated with acquiring the money necessary to complete the project or series of projects.
(b) "Series of projects" means two or more projects of which the same private company, public entity or utility is the owner or principal contractor and acts as the sponsor under which a consolidated insurance program is established.
(Added to NRS by 1999, 3141; A 2015, 2611)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.712 - Industrial insurance for program; contract to provide insurance to be filed and reviewed by Commissioner.

1. A private carrier who is authorized to transact industrial insurance in this State may contract with a private company, public entity or utility to provide industrial insurance coverage for a consolidated insurance program.
2. A private company, public entity or utility that enters into a contract with a private carrier for the provision of industrial insurance coverage for a consolidated insurance program shall file a copy of the contract with the Commissioner at least 60 days before the date on which the construction project is scheduled to begin.
3. The Commissioner shall, within 60 days after receiving a copy of a contract pursuant to subsection 2, review and approve or disapprove the contract. If the Commissioner does not disapprove the contract within 60 days after receiving it, the contract shall be deemed approved.
(Added to NRS by 1999, 3142)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.720 - Contents of contract to provide insurance for program.

A contract for the provision of industrial insurance that is authorized pursuant to NRS 616B.712 must include, without limitation:
1. Provisions that require compliance with each of the requirements relating to safety and the administration of claims for industrial insurance at the site of the construction project that are set forth in NRS 616B.725 and 616B.727;
2. The names and qualifications of the persons appointed to oversee issues of safety and the administration of claims for industrial insurance at the site of the construction project pursuant to NRS 616B.725 and 616B.727;
3. The terms and conditions pursuant to which the contract provides industrial insurance coverage. The terms and conditions must include, without limitation:
(a) A definition of the site of the construction project that:
(1) Delineates clearly the area within which coverage is provided; and
(2) Is reasonably contiguous to the actual physical site of the construction project; and
(b) A description of the scope and details of the construction project and the duration of industrial insurance coverage that is provided for the project;
4. A list in which the owner, principal contractor, construction manager, contractors and subcontractors of the construction project are set forth as named insureds; and
5. A provision setting forth the penalties to which the owner, principal contractor, construction manager, contractors and subcontractors of the construction project may be subject if such persons or entities fail to comply with the provisions relating to safety and the administration of claims for industrial insurance that are required pursuant to NRS 616B.725 and 616B.727.
(Added to NRS by 1999, 3145)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.722 - Liability of insurer for payment of compensation.

A private carrier who contracts to provide industrial insurance coverage for a consolidated insurance program pursuant to NRS 616B.712 is liable to pay each claim for industrial insurance that is covered by the program, regardless of whether:
1. The claim is filed after the completion of the construction project; or
2. Any party to the contract is not transacting business within this State at the time the claim is filed.
(Added to NRS by 1999, 3145)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.727 - Administration of claims: Duties of administrator of claims; duties of owner or principal contractor.

1. A consolidated insurance program that a private company, public entity or utility is authorized to establish and administer pursuant to NRS 616B.710 must, in the manner set forth in this section, provide for the administration of claims for industrial insurance for an employee of a contractor or subcontractor who is engaged in the construction project when such an employee works at the site of the construction project.
2. The owner or principal contractor of the construction project shall hire or contract with a person to serve as the administrator of claims for industrial insurance for the construction project.
3. Any policy or contract of insurance providing coverage for a consolidated insurance program must be issued by an insurer who is rated A- or better by A.M. Best with a Financial Size Category of Class VII or larger, or the equivalent as determined by the Commissioner.
4. The administrator of claims for industrial insurance for the construction project who is hired or with whom the owner or principal contractor contracts pursuant to subsection 2 shall:
(a) Assist an employee who is covered under the consolidated insurance program or, in the event of the employee’s death, one of the dependents of the employee, in filing a written notice of injury or death as required pursuant to NRS 616C.015 or a written notice of an occupational disease as required pursuant to NRS 617.342;
(b) Sign and file on behalf of a contractor or subcontractor whose employees are covered under the consolidated insurance program an employer’s report of industrial injury or occupational disease as required pursuant to NRS 616C.045 or 617.354;
(c) Ensure that an employee who is covered under the consolidated insurance program and who has been injured or who has incurred an occupational disease while working on the construction project is directed to a medical facility that will provide treatment to the employee under the program;
(d) Handle all issues, to the extent reasonably practicable, relating to claims for industrial insurance at the site of the construction project; and
(e) Hire or contract such assistant administrators as may be necessary to carry out the responsibilities of the administrator of claims pursuant to this section.
5. The owner or principal contractor of the construction project shall ensure that the administrator of claims for industrial insurance for the construction project or an assistant administrator is physically present at the site of the construction project whenever activity related to construction is taking place at the site.
(Added to NRS by 1999, 3143; A 2015, 2614)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.730 - Coverage of employees who do not work at site of construction project; separate policy required for certain employees who do not work at site of construction project; reimbursement for cost of separate policy.

1. A consolidated insurance program must not provide industrial insurance coverage, a comprehensive program of safety or for the administration of claims for industrial insurance for an employee of a contractor or subcontractor who is engaged in the construction of the project that is covered by the consolidated insurance program at any time that such an employee does not work at the site of the construction project.
2. A contractor or subcontractor who is engaged in the construction of a project that is covered by a consolidated insurance program shall maintain separate industrial insurance coverage for its employees who:
(a) Are not assigned to participate in the construction of the project; or
(b) Are assigned to participate in the construction of the project but who do not work exclusively at the site of the project.
3. The owner or principal contractor of a construction project shall reimburse a contractor or subcontractor who bids successfully on the construction project for the cost of providing separate industrial insurance coverage for an employee if:
(a) The contractor or subcontractor set the amount of his or her bid in a reasonable, good faith belief that the employee would work exclusively at the site of the construction project and would therefore be fully covered by the consolidated insurance program; and
(b) Because of changed circumstances not reasonably foreseeable at the time the bid was submitted, the employee worked in whole or in part at a location other than the site of the construction project, requiring the contractor or subcontractor to obtain separate industrial insurance coverage for that employee.
(Added to NRS by 1999, 3144; A 2001, 2453)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.732 - Determination of loss experience.

If an owner or principal contractor establishes and administers a consolidated insurance program pursuant to NRS 616B.710, each employee of a contractor or subcontractor who is covered under the consolidated insurance program:
1. Is an employee of the contractor or subcontractor for the purpose of determining the loss experience of the contractor or subcontractor.
2. Shall not be deemed to be an employee of the owner or principal contractor for the purpose of determining the loss experience of the owner or principal contractor.
(Added to NRS by 1999, 3144; A 2007, 614)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.735 - Notification and explanation to bidders required if program may be established for construction project.

With respect to a construction project for which the owner intends to establish and administer an owner-controlled insurance program or the principal contractor intends to establish and administer a contractor-controlled insurance program, the owner or principal contractor, as appropriate, shall:
1. In the notice or advertisement for bids for the construction of the project, state:
(a) That the employees of contractors and subcontractors who are engaged in the construction of the project will be covered under a consolidated insurance program when such employees work at the site of the project; and
(b) Whether such a program will be an owner-controlled insurance program or a contractor-controlled insurance program; and
2. Hold a pre-bid conference at which it provides to potential contractors and subcontractors, without limitation, the following information:
(a) A general explanation of the manner in which a consolidated insurance program operates;
(b) An overview of the provisions of NRS 616B.710 to 616B.737, inclusive;
(c) A general description of the safety procedures that will be required as part of the consolidated insurance program; and
(d) The procedures pursuant to which claims for industrial insurance will be administered.
(Added to NRS by 1999, 3144)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.737 - Regulations.

The Commissioner may adopt such regulations as the Commissioner determines are necessary to carry out the provisions of NRS 616B.710 to 616B.737, inclusive, to the extent that the authority granted pursuant to this section does not duplicate authority granted to the Administrator.
(Added to NRS by 1999, 3146)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.762 - Election of Chair; term of office; vacancy.

1. The Appeals Panel shall elect a Chair from among its members.
2. The Chair shall hold office for 1 year and until his or her successor is elected.
3. If a vacancy occurs in the office of the Chair, the members of the Panel shall elect a Chair from among its members for the remainder of the unexpired term of the Chair.
(Added to NRS by 1999, 3378; A 2001, 2256; 2023, 3265)