Workers’ compensation insurance laws and requirements for employers vary from state to state, but private employers can generally choose whether to carry workers' compensation insurance coverage. A workers' compensation insurance policy provides lost wages and medical benefits to employees injured on the job—and death benefits for the spouse and dependents (children) of a worker who dies in a work-related accident.
Under workers’ compensation laws in many states employers who subscribe to workers’ compensation insurance receive a significant legal protection—they cannot be sued by an injured employee (or the estate of a deceased employee) unless the employer was grossly negligent (more negligent than simple, ordinary negligence).
In other words, if an employer has workers’ compensation insurance, that is usually the exclusive remedy for an injured employee (known as the exclusive remedy provision in the statute), and the insurance coverage bars an injured employee from suing the employer (known as the workers’ compensation bar).
An employer who does not purchase or subscribe to workers’ compensation insurance is known as a nonsubscriber. Workers’ compensation laws are usually located in a state’s statutes.
In Nevada, workers' compensation insurance is mandatory for all employers with one or more employees, with very few exceptions. This insurance provides benefits to employees who suffer work-related injuries or illnesses, including coverage for medical expenses, lost wages, and death benefits for dependents in the case of a fatal workplace accident. Nevada operates under the exclusive remedy provision, meaning that for employers who comply with the workers' compensation insurance requirements, employees are generally barred from suing their employer for workplace injuries. Instead, they must seek compensation through the workers' compensation system. Employers who fail to carry workers' compensation insurance (nonsubscribers) are not protected by the exclusive remedy provision and may face civil lawsuits from injured employees, as well as penalties from the state. It is important for employers to understand their obligations under Nevada law to avoid legal and financial consequences.