Short title
This chapter shall be known as the Nevada Occupational Diseases Act.
Nevada · statute · Nev. Rev. Stat. ch. 617 · 80 active provisions
This chapter shall be known as the Nevada Occupational Diseases Act.
Every employee and the dependent or dependents of such employee and the employer or employers of such employee shall be entitled to all the applicable rights, benefits and immunities and shall be subject to all the applicable liabilities and regulations provided for injured employees and their employers by chapters 616…
1. The rights and remedies provided in this chapter on account of an occupational disease sustained by an employee, arising out of and in the course of the employment, are exclusive, except as otherwise provided in this chapter, of all other rights and remedies of the employee, the employee’s personal or legal represen…
Unless a different meaning is clearly indicated by the context, the definitions set forth in NRS 617.030 to 617.150, inclusive, and the definitions set forth in chapter 616A of NRS for additional terms and phrases govern the construction and meaning of the terms and phrases used in this chapter.
“Casual” refers only to employments where the work contemplated is to be completed in 20 working days or parts thereof in a calendar quarter, without regard to the number of persons employed, and where the total labor cost of the work is less than $500.
“Compensation” means the money which is payable to an employee or to the dependents of the employee as provided for in this chapter, and includes benefits for funerals, medical benefits and money for rehabilitative services.
“Disablement” and “total disablement” are used interchangeably in this chapter and mean the event of becoming physically incapacitated by reason of an occupational disease arising out of and in the course of employment as defined in this chapter from engaging, for remuneration or profit, in any occupation for which he…
“Disease related to asbestos” means any disease caused by the inhalation of the fibers of asbestos, including but not limited to: 1. Interstitial pulmonary fibrosis; 2. Mesothelioma; and 3. Bronchogenic, laryngeal, lymphatic or gastrointestinal carcinoma.
“Employee” and “worker” are used interchangeably in this chapter and mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and include, but not exclusively: 1. Aliens and minors. 2. All e…
“Employee” excludes: 1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his or her employer. 2. Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise pro…
Except as provided in subsection 2 of NRS 617.250, a lessee engaged in either mining or operating a reduction plant shall be deemed to be: 1. An employee of the lessor; and 2. For the purposes of this chapter, employed at the average wage paid to a miner employed regularly in the same locality.
1. Except as otherwise provided in NRS 617.175, subcontractors, independent contractors and the employees of either shall be deemed to be employees of the principal contractor for the purposes of this chapter. 2. This section does not affect the relationship between a principal contractor and a subcontractor or indepen…
Any real estate licensee doing business in this State and receiving wages, commissions or other compensation based upon sales shall be deemed for the purpose of this chapter to earn wages of $1,500 per month.
“Employer” means: 1. Except as otherwise provided in subsection 4 of NRS 617.210, the State and each county, city, school district, and all public and quasi-public corporations therein, without regard to the number of persons employed. 2. Every person, firm, voluntary association and private corporation, including any…
“Independent contractor” means any person who renders service for a specified recompense for a specified result, under the control of the person’s principal as to the result of the person’s work only and not as to the means by which such result is accomplished.
1. “Medical benefits” means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatus, including prosthetic devices. 2. The term does not include: (a) Exercise equipment, a hot tub or a spa for an employee’s home; (b) Membership in an athletic or health cl…
“Police officer” includes: 1. A sheriff, deputy sheriff, officer of a metropolitan police department or city police officer; 2. A chief, inspector, supervisor, commercial officer or trooper of the Nevada Highway Patrol Division of the Department of Public Safety; 3. A chief, investigator or agent of the Investigation D…
“Silicosis” shall mean a disease of the lungs caused by breathing silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and demonstrated by X-ray examination or by autopsy.
“Sole proprietor” means a self-employed owner of an unincorporated business who has been domiciled in the State of Nevada for at least 6 months immediately prior to filing for coverage and includes working partners and members of working associations. Coverage remains in effect only if the sole proprietor remains a dom…
“Subcontractors” shall include independent contractors.
This chapter must be administered by the Division of Industrial Relations of the Department of Business and Industry in the same manner as provided for in chapters 616A to 616D, inclusive, of NRS.
The Chief of the Hearings Division of the Department of Administration may by regulation provide for specific procedures for the determination of contested cases not inconsistent with this chapter.
Every employer insured by a private carrier, to receive the benefits of this chapter and to provide and secure compensation for his or her employees, shall pay premiums according to the classification and rules filed by the advisory organization, and the rates filed by the insurers, with the Commissioner.
1. There is hereby created in the State General Fund the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities. The Account consists of money appropriated to the Account by the Legislature and interest and income earned pursuant to subsection 2. 2. The interest and income earned on mon…
1. The money in the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities must be expended to provide: (a) The continuing benefits described in subsection 6 of NRS 617.460; (b) The increased benefits for permanent total disability described in NRS 616C.455; and (c) The increased death…