NRS 616A.020
Rights and remedies exclusive

  • terms and conditions for payment of compensation conclusive, compulsory and obligatory
  • application of exclusive remedies to certain employers.

1.

The rights and remedies provided in chapters 616A to 616D, inclusive, of NRS for an employee on account of an injury by accident sustained arising out of and in the course of the employment shall be exclusive, except as otherwise provided in those chapters, of all other rights and remedies of the employee, his or her personal or legal representatives, dependents or next of kin, at common law or otherwise, on account of such injury.

2.

The terms, conditions and provisions of chapters 616A to 616D, inclusive, of NRS for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be conclusive, compulsory and obligatory upon both employers and employees coming within the provisions of those chapters.

3.

The exclusive remedy provided by this section to a principal contractor extends, with respect to any injury by accident sustained by an employee of any contractor in the performance of the contract, to every architect, land surveyor or engineer who performs services for:

(a)

The contractor;

(b)

The owner of the property; or

(c)

Any such beneficially interested persons.

4.

The exclusive remedy provided by this section applies to the owner of a construction project who provides industrial insurance coverage for the project by establishing and administering a consolidated insurance program pursuant to NRS 616B.710 to the extent that the program covers the employees of the contractors and subcontractors who are engaged in the construction of the project.

5.

When an employee of a state or local government employer is injured by accident sustained during the course of employment while participating in an activity which is carried out cooperatively by the state or local government employer with another state or local government employer, the exclusive remedy provided by this section extends to the state or local government employer of the injured employee and any act or failure to act which creates liability on the part of any of the government employers participating in the activity shall be deemed to be the act or failure to act of the government employer of the injured employee for the purposes of the rights and remedies provided in chapters 616A to 616D, inclusive, of NRS.

6.

If an employee receives any compensation or accident benefits under chapters 616A to 616D, inclusive, of NRS, the acceptance of such compensation or benefits shall be in lieu of any other compensation, award or recovery against his or her employer under the laws of any other state or jurisdiction and such employee is barred from commencing any action or proceeding for the enforcement or collection of any benefits or award under the laws of any other state or jurisdiction.

Source: Section 616A.020 — Rights and remedies exclusive; terms and conditions for payment of compensation conclusive, compulsory and obligatory; application of exclusive remedies to certain employers., https://www.­leg.­state.­nv.­us/NRS/NRS-616A.­html#NRS616ASec020.

616A.005
Short title. 616A.010
Legislative declarations: Statutory construction 616A.015
Prior acts of State Industrial Insurance System continued in effect 616A.020
Rights and remedies exclusive 616A.021
Limitation of actions upon repeal or invalidity. 616A.022
Applicability of Nevada Insurance Code. 616A.025
Definitions. 616A.030
“Accident” defined. 616A.035
“Accident benefits” defined. 616A.040
“Administrator” defined. 616A.045
“Advisory organization” defined. 616A.047
“Appeals Panel” defined. 616A.050
“Association of self-insured private employers” defined. 616A.055
“Association of self-insured public employers” defined. 616A.060
“Association’s administrator” defined. 616A.065
“Average monthly wage” defined. 616A.070
“Benefit penalty” defined. 616A.075
“Casual” defined. 616A.077
“Catastrophic injury” defined. 616A.080
“Certified vocational rehabilitation counselor” defined. 616A.085
“Commissioner” defined. 616A.090
“Compensation” defined. 616A.092
“Consolidated insurance program” defined. 616A.093
“Contractor-controlled insurance program” defined. 616A.095
“Damages” defined. 616A.100
“Division” defined. 616A.105
“Employee” and “worker” defined. 616A.110
“Employee”: Persons excluded. 616A.115
“Employee”: Lessees engaged in mining or operating a reduction plant. 616A.120
“Employee”: Participants in programs of job training administered by Division of Welfare and Supportive Services of Department of Health and Human Services. 616A.125
“Employee”: Participants in programs to obtain training for employment administered by Division of Welfare and Supportive Services of Department of Health and Human Services. 616A.130
“Employee”: Volunteer workers in program for public service. 616A.135
“Employee”: Persons performing volunteer work for private organizations as part of public programs. 616A.140
“Employee”: Members of Nevada Wing of Civil Air Patrol. 616A.145
“Employee”: Volunteer firefighters. 616A.150
“Employee”: Paid firefighter performing voluntary off-duty services as firefighter. 616A.155
“Employee”: Persons rendering voluntary ambulance service. 616A.157
“Employee”: Volunteer members of search and rescue organization. 616A.165
“Employee”: Trustees of school districts. 616A.170
“Employee”: Junior traffic patrols. 616A.175
“Employee”: Person vending or delivering newspaper or magazine. 616A.180
“Employee”: Members of county advisory boards to manage wildlife. 616A.185
“Employee”: Members of Nevada Legislature. 616A.190
“Employee”: Certain members of state, county and local departments, boards, commissions, agencies or bureaus 616A.195
“Employee”: Persons ordered by court to perform community service. 616A.200
“Employee”: Trainees in facility operated by Rehabilitation Division of Department of Employment, Training and Rehabilitation. 616A.205
“Employee”: Volunteer workers at facilities for inpatients of Division of Public and Behavioral Health of Department of Health and Human Services. 616A.207
“Employee”: Volunteer health practitioners. 616A.210
“Employee”: Subcontractors and employees. 616A.215
“Employee”: Apprentices and trainees. 616A.220
“Employee”: Real estate licensees. 616A.225
“Employee”: Persons participating in federally approved training programs. 616A.230
“Employer” defined. 616A.240
“Foot” defined. 616A.245
“Hand” defined. 616A.250
“Incarcerated” defined. 616A.255
“Independent contractor” defined. 616A.257
“Independent review organization” defined. 616A.260
“Industrial insurance” defined. 616A.265
“Injury” and “personal injury” defined. 616A.270
“Insurer” defined. 616A.273
“Medical facility” defined. 616A.280
“Organization for managed care” defined. 616A.282
“Owner-controlled insurance program” defined. 616A.283
“Police officer” defined. 616A.284
“Policy year” defined. 616A.285
“Principal contractor” defined. 616A.290
“Private carrier” defined. 616A.295
“Private employer” defined. 616A.300
“Public employer” defined. 616A.305
“Self-insured employer” defined. 616A.310
“Sole proprietor” defined. 616A.315
“Solicitor” defined. 616A.317
“State Industrial Insurance System” defined. 616A.320
“Subcontractors” defined. 616A.330
“Tangible net worth” defined. 616A.335
“Third-party administrator” defined. 616A.340
“Total disability” defined. 616A.345
“Trade association” defined. 616A.350
“Trade, business, profession or occupation of his or her employer” defined. 616A.355
“Utilization review” defined. 616A.360
“Vocational rehabilitation services” defined.
Last Updated

Feb. 5, 2021

§ 616A.020’s source at nv​.us