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Vegas Law
d in revision for NRS 617.155)
NRS 617.190 Devices modifying liability void.
1. Except as otherwise provided for in this chapter, no contract of employment, insurance, relief benefit, indemnity, or any other device, shall modify, change or waive any liability created by this chapter.
2. A contract of employment, insurance, relief benefit, indemnity, or other device having for its purpose the waiver or modification of the terms of liability created by this chapter shall be void.
[24:44:1947; A 1951, 372]
NRS 617.200 Employers to provide compensation; employer and insurer relieved from liability.
1. Every employer within the provisions of this chapter, and those employers who accept the terms of this chapter and are governed by its provisions, shall provide and secure compensation according to the terms, conditions and provisions of this chapter for all occupational diseases contracted by an employee arising out of and in the course of the employment.
2. In such cases the employer or any insurer of the employer is relieved from other liability for recovery of damages or other compensation for those occupational diseases, unless otherwise provided by the terms of this chapter.
[Part 18:44:1947; A 1949, 365; 1953, 297]—(NRS A 1995, 2035)
NRS 617.203 Limitation of liability of principal contractor for occupational disease contracted by independent contractor or employee of independent contractor. A principal contractor is not liable for the payment of compensation for any occupational disease contracted by any independent contractor or any employee of an independent contractor if:
1. The contract between the principal contractor and the independent contractor is in writing and the contract provides that the independent contractor agrees to maintain coverage for industrial insurance pursuant to this chapter;
2. Proof of such coverage is provided to the principal contractor;
3. The principal contractor is not engaged in any construction project; and
4. The independent contractor is not in the same trade, business, profession or occupation as the principal contractor.
(Added to NRS by 1991, 2429)
NRS 617.205 Self-insured employers to provide compensation; contributions not required; administration of claims; compliance with NRS 616B.300.
1. An employer who is certified as a self-insured employer directly assumes the responsibility for providing compensation due his employees and their beneficiaries under this chapter.
2. A self-insured employer is not required to pay the contributions required of other employers by NRS 617.1665.
3. The claims of employees and their beneficiaries resulting from occupational diseases while in the employment of self-insured employers must be handled in the manner provided by this chapter, and the self-insured employer is subject to the regulations of the Division with respect thereto.
4. The security deposited pursuant to NRS 616B.300 does not relieve the employer from responsibility for the administration of claims and payment of compensation under this chapter.
5. A self-insured employer qualifying under the provisions of this chapter must comply with the provisions of NRS 616B.300.
(Added to NRS by 1979, 1061; A 1981, 1499; 1993, 1876)
NRS 617.206 Effect of certification as association of self-insured public or private employers; responsibilities of association.
1. An association that is certified as an association of self-insured public or private employers directly assumes the responsibility for providing compensation due the employees of the members of the association and their beneficiaries under this chapter.
2. An association is not required to pay the contributions required of employers by NRS 617.1665.
3. The claims of employees and their beneficiaries resulting from occupational diseases while in the employment of a member of an association must be handled in the manner provided by this chapter, and the association is subject to the regulations of the Division with respect thereto.
4. The security deposited pursuant to NRS 616B.353 does not relieve the association from responsibility for the administration of claims and payment of compensation under this chapter.
5. An association of self-insured public or private employers qualifying under the provisions of this chapter must comply with the provisions of NRS 616B.353.
(Added to NRS by 1993, 762)
NRS 617.207 Applicability to officers of quasi-public and private corporations and managers of limited-liability companies; rejection of coverage by certain officers and managers.
1. If a quasi-public or private corporation or limited-liability company is required to be insured pursuant to this chapter, an officer of the corporation or a manager of the company who:
(a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per policy year and a maximum pay of $36,000 per policy year.
(b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per policy year.
2. An officer or manager who does not receive pay for services performed may elect to reject coverage for himself by filing written notice thereof with the corporation or company and the insurer. The rejection is effective upon receipt of the notice by the insurer.
3. An officer or manager of such a corporation or company who:
(a) Owns the corporation or company; and
(b) Receives pay for the services performed,
may elect to reject coverage for himself by filing written notice thereof with the insurer. The rejection is effective upon receipt of the notice by the insurer.
4. An officer or manager who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation or company and the insurer. The rescission is effective upon receipt of the notice by the insurer.
(Added to NRS by 1987, 599; A 1993, 44; 1997, 1445, 1500; 1999, 455, 1732; 2001, 113, 610, 2457; 2003, 1587)
NRS 617.210 Contractor with State or political subdivision: Submission of certificate of compliance; coverage pursuant to contract; sole proprietor who does not use employees.
1. Except as otherwise provided in this section, before any person, firm or corporation commences work under any contract with the State or any political subdivision thereof, or a metropolitan police department, the contractor shall furnish to the state agency, political subdivision or metropolitan police department having charge of the letting of the contract a certificate of the insurer certifying that the contractor has complied with the provisions of this chapter. A state agency, political subdivision or metropolitan police department may furnish coverage under this chapter for a contractor as specified in the contract.
2. In lieu of furnishing a certificate of an insurer pursuant to the provisions of subsection 1, a sole proprietor who does not use the services of his employees, if any, in the performance of a contract with the State or any political subdivision thereof, or a metropolitan police department, may submit to a state agency, political subdivision or metropolitan police department an affidavit indicating that the sole proprietor:
(a) In accordance with the provisions of NRS 617.225, has not elected to be included within the terms, conditions and provisions of this chapter; and
(b) Is otherwise in compliance with those terms, conditions and provisions.
3. If a sole proprietor submits an affidavit specified in subsection 2 to a state agency, political subdivision or metropolitan police department specified in subsection 1, the state agency, political subdivision or metropolitan police department shall not require the sole proprietor to obtain cov
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