What Qualifies as a Work Injury?
Table of contents:
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
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.
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.
All employers in the State of Nevada must carry some form of compensation coverage, either through a qualified broker or by becoming self-insured.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Unless specifically designated by law, general farm and agricultural laborers are not eligible for compensation claims.
In general, persons who provide services in the home, such as housekeepers and babysitters, are not eligible to receive compensation benefits.
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.
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.
Nevada Workers Compensation Attorney
If you have questions about a potential work-related injury or if you are having difficulty with a compensation claim, the 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.