In the state of Nevada, an employee can’t be considered too lucky if they get hurt on the job. Anytime somebody gets hurt, you hate to see it. And if the injury puts a worker’s livelihood on the line, it is even a bigger shame. But that is where the workers’ comp system comes into play. It is meant to protect workers in the event they get hurt, and it’s meant to help them get back on their feet after an injury and back to work.
But the whole process hinges on them too. In other words, they cannot expect the workers’ comp system to help them out unless they report their injury at work in the first place. Workers in Nevada have seven days from the time of their accident, injury, or sickness to report it to their employers. If employees do not report this injury, accident, or illness within that seven day time frame, then they risk losing their chance at benefits altogether.
The injury then must be reported, and the way that’s done is through the appropriate form, called the C-1 form, or the Notice of Injury or Occupational Disease Incident Report. The Notice of Injury or Occupational Disease Incident Report form must also be signed by the employee’s supervisor, so that ensures that not only will the employee mention the injury to his or her bosses, but it ensures that the employer can also make sure that the proper forms are sent in on time to the state.
After these forms are submitted, then it is up to the employee to get themselves treated for their injury or illness. But they can’t just go to any doctor. They have to go to a physician who is authorized to provide workers’ comp related medical care, which is determined by the employer and by your workers’ comp insurance provider.
Imagine the paper cut injuries that the casinos in Vegas and Reno must see! The workers’ comp claims on them and the strained arms muscles that the cards dealers must see probably keep the casino owners up at night. Kidding aside, workers’ comp could be just as big an issue, if not bigger, for the casino owners in Nevada as a big roller coming in and hitting it big at the craps table.
The workers’ comp system in Nevada is there, though, to protect the employees from such injuries, as well as the employers from the costs of health care and an employee taking them to court for third-party liability issues and the like. The workers’ comp system in the state of Nevada is pretty clear cut too. Unless specifically excluded in one of the state laws, the state mandates that all employers that have any person under any contract of hire must have workers’ comp coverage.
Of course, as we have seen in many other states, as clear as this law sounds, there are exceptions. The definition of employee, for instance, in the state, does include aliens and minors, public officials whether appointed or elected, board of director members, and even musicians and house bands.
But, on the other hand, the definition of employee under the state workers’ comp laws does not necessarily include people who would be considered “casual” employees, or those not truly hired during the normal course of business of the employer. Any stage performer or theatrical performer doesn’t have to be covered under the law. Certain musicians are even excluded if their services are not being employed for more than two days. Domestic servants and farm workers do not necessarily have to be covered under Nevada’s state workers’ comp law, according to the state’s own sources on the topic.
Business owners in Nevada probably know that if they have one or more employee, the state requires them to carry worker’s compensation coverage. Since 2000, the state of Nevada no longer carries this insurance through a state fund. As in most states, Nevada employers must now seek out worker’s compensation insurance through a private company that is authorized by the Division of Insurance.
If you are an employer and need to obtain worker’s compensation insurance, you’ll be interested to learn that smaller businesses often join together in business associations. That way they can obtain their worker’s compensation insurance as an association. If you’re an agricultural employer, you are not required to carry worker’s compensation insurance but you can choose to do so. Employers can also opt to self-insure.
Employers who don’t carry adequate worker’s compensation coverage can be fined as much as $10,000, and they may have their business closed until they are compliant. Additionally, the employer will be held responsible for all the costs if an employee is injured on the job and there is no worker’s compensation plan in force.
The state maintains an office called the Nevada Attorney for Injured Workers who helps people with their claims. If you’re an employee filing a worker’s compensation claim, it is my understanding that you have certain responsibilities. For example, you must file your appeal on time. Be sure that the issues you bring up are clear in your mind, and be prepared to prove them with documentation. You must be present at your hearings, and you also must bring your witnesses to the hearing.. If you’re housebound from your injuries or if you live far away from the Hearing Office, be sure to contact them early. They will allow you to make arrangements for alternate testimony instead of appearing.