Bighorn Law 2001 S. Maryland Pkwy. Las Vegas, NV 89104 (702) 333-1111 http://www.bighornlaw.com Workers’ Compensation Law is one of the most complex and frustrating areas of law. Many of our clients want more information about how the law works, what their rights are, and what to expect. With that in mind we have created the Morris Anderson Workers’ Compensation Resource Library. This is an ongoing project where we aim to accumulate as many helpful resources related to workers’ compensation law as possible.

1. Worker’s Compensation
Resource Library
Section 1: Making a Workers’ Compensation Claim
Bighorn Law
2001 S. Maryland Pkwy.
Las Vegas, NV 89104
(702) 333-1111
www.bighornlaw.com

2. Workers’ Compensation Law is one of the most
complex and frustrating areas of law. Many of
our clients want more information about how
the law works, what their rights are, and what
to expect.
With that in mind we have created the Morris
Anderson Workers’ Compensation
Resource Library. This is an ongoing project
where we aim to accumulate as many helpful
resources related to workers’ compensation
law as possible.

3. Do your research.
 Thanks for taking time to do the
necessary research when it comes to your
workers compensation case.
 The more prepared you are when you
meet with your attorney, the smoother
and faster your case will go.
 We’re ready to fight for you.

4. WORKERS’
COMPENSATION
RESOURCE LIBRARY
Section 1: Making A Worker’s
Compensation Claim

5. SECTION 1: MAKING A WORKERS’
COMPENSATION CLAIM.
 Table Of Contents:
 Introduction
Requirement 1: Employers Must Carry Insurance.
1a: Which Employers Are Required To Carry Insurance?
1b: What If My Employer Is Required To Carry Insurance But Isn’t?
1c: Which Businesses Can Opt-out Of Coverage?
1d: Federal Government Coverage
Requirement 2: You Must Be Employed By The Organization
2a: Are Independent Contractors Covered?
2b: Are Volunteers Covered?
Requirement 3: Illness Or Injury Must Have Happened On The Job
3a: Occupational Diseases (Asbestos, Cancer, Repetitive Motion, Etc)
3b: Work Related Injuries (Driving Work Vehicle, During Company Events,
Etc.)
Specialized Rules For Certain Types Of Employees
4a: Farm And Agricultural Laborers
4b: Domestic Laborers (Housekeepers, Babysitters, Etc.)
4c: Loaned Or Leased Laborers (Temp Employees)
4d: Undocumented Workers

6. What Qualifies As A Work Injury?
 Those who are injured or become ill as a result
of their jobs may be entitled to certain benefits
through Workers’ Compensation.
 There is a legally established insurance system that
employers must carry as required by Nevada state
law to help provide compensation for injuries and
illnesses acquired on the job.
 However, in most cases, an injured or ill employee is
not able to sue their employer for compensation or
damages.
 In order for an injury or illness to qualify for workers’
compensation benefits, it needs to meet three
requirements.
◦ First, the employer must carry, or be legally required to
carry, compensation coverage.
◦ Second, you must be a legal employee of the employer.
◦ Finally, the injury or illness must be directly related to your
job.

7. Requirement #1: Employer Must
Be Carrying Workers’
Compensation Insurance Policy To
Be Covered
 In the State of Nevada, all employers
must purchase and carry compensation
coverage for their employees, even if they
hire only one employee.

8. Which Employers Are Required To
Carry Insurance?
 All employers in the State of Nevada must
carry some form of compensation
coverage, either through a qualified
broker or by becoming self-insured.

9. What If My Employer Is Required
To Carry Insurance But Isn’t?
 When receiving medical treatment for your injury
or illness, you must fill out the initial claim for
compensation Form C-4.
 Tell the medical staff at this point that you are
not sure if your employer has workers’
compensation coverage.
 After investigating the situation, the Workers’
Compensation Section (WCS) will notify you of
any options you may have.
 You may be entitled to compensation through
Nevada’s Uninsured Employer Account.

10. Which Businesses Can Opt-out Of
Coverage?
 Interstate commerce companies that are not subject
to the laws for the State of Nevada do not have to
provide coverage.
 Employers with certain types of private disability and
death benefits that meet or exceed workers’
compensation benefits may not have to provide
compensation.
 Temporary workers that are insured in another state
with out-of-state coverage provisions and temporary
employment resulting in less than $500 in labor costs
that are in a trade not related to the employer are
also exempt from providing this coverage. However,
construction trades must always carry compensation
coverage for employees.

11. Federal Government Coverage
 Those who are employed by the federal
government are not eligible for state
benefits. Rather, these employees receive
compensation through The Federal
Employees’ Compensation Act.

12. Requirement #2: Must Be
Employed by the Organization
 If you are injured or become ill as a result
of employment, you must be employed by
the organization at the time of the injury
or illness. Any employee of the person or
company is covered.

13. Are Independent Contractors
Covered?
 Independent contractors are covered by
compensation according to State law.
 However, the only time that independent contractors
are not covered is if there is a contract in writing that
the contractor must provide their own industrial
insurance coverage and proof of this coverage is
provided for the records of the principal contractor.
 The principal contractor must not be involved in any
construction projects.
 In addition, the independent contractor cannot be in
the same profession, occupation, business, or trade
as the principal contractor, or else coverage must be
provided by the principal contractor.

14. Are volunteers covered?
 Unpaid volunteers are typically not eligible
for compensation benefits.
 However, certain volunteers who offer
their services in many areas of public
service are considered to be employees in
regards to receiving compensation for
work-related injuries or illness, especially
if any form of payment is received for
such services.

15. Requirement #3: Illness or Injury
Must Have Happened on the Job
 Injuries or illnesses that are acquired in
direct relation to the performance of your
job duties qualify for compensation.
However, there are some questionable
instances that are not directly related to
the performance of your job duties but
are employment related and may or may
not be covered by workers’ compensation
benefits.

16. Occupational diseases
 An illness that occurs as a result of your
employment is referred to as an occupational
disease. Occupational diseases are eligible for
compensation benefits if they are acquired as
a direct result of your employment and would
not have happened if it were not for your
employment. Exacerbation of pre-existing
conditions, hearing loss, and mental health
conditions may also be considered
occupational diseases if they occurred due to
performance of work-related duties.

17. Work related injuries
 Work related injuries are those injuries
that occur as a direct result of performing
your job duties. However, there may be
legitimate claims for benefits for coverage
of other injuries in certain circumstances,
including performing errands for your
boss, certain injuries sustained on site
during lunch break, injuries that occur in
the company car, injuries that occur
during company events.

18. Specialized Rules for Certain
Types of Employees
 While compensation coverage must be
provided for most workers, there are
different rules for certain types of
employees.
◦ Farm and agricultural laborers
◦ Domestic laborers
◦ Loaned or leased laborers
◦ Undocumented workers

19. Farm and agricultural laborers
 Unless specifically designated by law,
general farm and agricultural laborers are
not eligible for compensation claims.

20. Domestic Laborers
 In general, persons who provide services
in the home, such as housekeepers and
babysitters, are not eligible to receive
compensation benefits.

21. Loaned Or Leased Laborers
 When it comes to providing compensation
coverage for employees, in most cases it
is the responsibility of the temporary
employment agency, employee leasing
company, or staffing agency to provide
compensation coverage to the employees.

22. Undocumented Workers
 In the case of compensation benefits,
undocumented workers are entitled to
compensation under the same guidelines
as resident workers, except that
undocumented workers are not eligible for
vocational rehabilitation.

23. Nevada Workers Compensation
Attorney
 If you have questions about a potential
work-related injury or if you are having
difficulty with a compensation claim,
Morris Anderson Law can answer your
questions or work to help you with your
case. Feel free to call us with your
questions (702) 333-1111 or use our
online FAQ system to ask us a question.

24.  If you have a workers compensation case,
please contact our office for a free
consultation.
Bighorn Law
2001 S. Maryland Pkwy.
Las Vegas, NV 89104
(702) 333-1111
www.bighornlaw.com