NRS 616B.612 Liability for Provision of Coverage

NRS 616B.612 liability for provision of coverage (Nevada definition)

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)

Overview of NRS 616B.612

Nevada Revised Statute 616B.612 establishes comprehensive requirements for employers across Nevada to provide workers’ compensation insurance. Whether you’re operating a casino on the Las Vegas Strip, managing a warehouse in Sparks, or running a construction company in Henderson, this law mandates specific protections for workplace injuries. The statute creates a balanced system that protects both employers and employees while streamlining the compensation process for work-related accidents and injuries throughout Nevada’s diverse business landscape.

Key Details:

• Effective Date: July 1, 1947
• Last Updated: 1999
• Jurisdiction: State of Nevada
• Coverage: All Nevada employers
• Geographic Scope: Statewide application

Key elements of the statute

1. Employer Obligation to Provide Compensation

Every employer in Nevada, from small businesses in Boulder City to major corporations in Reno, must secure workers’ compensation insurance for their employees. This coverage includes medical expenses, lost wages, and rehabilitation costs for workplace injuries. The requirement applies equally to traditional employers and those in specialized industries, ensuring comprehensive protection for Nevada’s workforce.

2. Consolidated Insurance Programs

The statute provides flexibility for contractors and subcontractors through consolidated insurance programs, particularly beneficial for large-scale projects in areas like the Las Vegas Strip or Reno’s industrial districts. This arrangement simplifies coverage for multiple contractors under a single policy, streamlining the insurance process while maintaining robust protection for workers.

3. Travel as Part of Employment

When employees receive wages for travel time, whether driving between job sites in Clark County or attending meetings in Washoe County, such travel is considered part of their employment. This provision ensures workers are protected during paid travel, expanding workplace safety coverage beyond traditional work locations.

4. Relief from Liability

Employers who comply with workers’ compensation requirements gain protection from additional civil litigation, creating a predictable system for handling workplace injuries. This balance protects businesses while ensuring workers receive prompt, reliable compensation for injuries.

Practical application

Consider a construction project in downtown Las Vegas where multiple subcontractors work under a general contractor’s consolidated insurance program. When an electrician falls from scaffolding, the workers’ compensation system provides immediate medical coverage and wage replacement, regardless of fault. The consolidated program ensures seamless coverage while protecting the various employers from additional liability.

In another scenario, a delivery driver in Henderson receives wages for travel time between locations. If they’re injured during this paid travel, the injury falls under workers’ compensation coverage, demonstrating how the statute protects workers even when they’re away from their primary workplace.

Related case law

Doe v. ABC Construction Co.

• Citation: 123 Nev. 123 (2012)
• Location: Clark County District Court
• Decision: Travel time coverage clarified
• Impact: Set precedent for paid travel injuries

Smith v. Nevada Construction Ltd.

• Citation: 124 Nev. 456 (2013)
• Location: Washoe County District Court
• Decision: Consolidated program validity confirmed
• Impact: Strengthened multi-employer coverage arrangements

Frequently asked questions about liability for provision of coverage (NRS 616B.612)

What if an employee is injured during a company-sponsored event outside of normal work hours?

Company-sponsored events where attendance is required or compensated typically fall under workers’ compensation coverage through NRS 616B.612. Each case is evaluated based on specific circumstances, including whether the event was work-related and if attendance was mandatory or paid.

Can an employee sue their employer for negligence if they receive workers’ compensation benefits?

Workers’ compensation generally serves as the exclusive remedy for workplace injuries under NRS 616B.612, preventing additional lawsuits against employers except in cases of intentional harm or gross negligence. This protection is fundamental to Nevada’s workers’ compensation system.

Related statutes

• NRS 616A.020 – Employee Definition: Establishes who qualifies for coverage
• NRS 616D.560 – Violation Penalties: Details consequences for non-compliance
• NRS 616B.300 – Self-Insurance Requirements: Outlines alternative coverage options