1. An employer in this State having in his or her employment any employee excluded from the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to NRS 616A.110 may elect to cover such employees under the provisions of those chapters in the manner provided in this section.

2. The election on the part of the employer must be made by filing with the Administrator and the insurer a written statement that the employer accepts the provisions of chapters 616A to 616D, inclusive, of NRS which, when filed, operates to subject the employer to the provisions of those chapters until the employer files with the Administrator and the insurer a notice in writing that the employer withdraws the election.

3. An employee in the service of any such employer shall be deemed to have accepted, and is subject to, the provisions of chapters 616A to 616D, inclusive, of NRS if, at the time of the accident for which compensation is claimed:

(a) The employer charged with liability is subject to the provisions of those chapters, whether or not the employee has actual notice thereof; and

(b) The employee has not given to his or her employer and to the Administrator and the insurer notice in writing that the employee elects to reject the provisions of those chapters.

4. An employee who has rejected the provisions of chapters 616A to 616D, inclusive, of NRS may at any time thereafter elect to waive the rejection by giving notice in writing to his or her employer and to the Administrator and the insurer which becomes effective when filed with the Administrator and the insurer.

[Part 37:168:1947; 1943 NCL § 2680.37] — (NRS A 1957, 209; 1975, 1019; 1981, 1467; 1987, 655; 1993, 711; 1995, 2020) — (Substituted in revision for NRS 616.315)