erage for himself under this chapter during any period in which he performs work under the contract for which he submitted the affidavit. 4. A state agency, political subdivision or metropolitan police department that lets a contract to a sole proprietor pursuant to subsection 1: (a) Shall be deemed not to be the employer of the sole proprietor or his employees, if any; and (b) Is not liable as a principal contractor to the sole proprietor or his employees, if any, for any compensation or other damages as a result of an industrial injury or occupational disease incurred in the performance of the contract. [20:44:1947; 1943 NCL § 2800.20]—(NRS A 1981, 1500; 1985, 665; 1993, 550; 2001, 611) NRS 617.215 Actions at law. If any employer fails to provide and secure compensation under this chapter, any employee contracting an occupational disease as provided in this chapter, or, in case of death, his dependents, may bring an action at law against the employer for damages as if this chapter did not apply. [22:44:1947; A 1949, 365; 1953, 297]—(NRS A 1967, 637; 1977, 237; 1991, 2432)—(Substituted in revision for NRS 617.490) Election of Coverage NRS 617.220 Applicability to employers of excluded persons. Employers whose employees are excluded by NRS 617.080 may elect to cover such employees under the provisions of this chapter by notifying the insurer and the Administrator in writing. The notification subjects an employer to the provisions of this chapter until he submits to the insurer and the Administrator a notice in writing that he withdraws his election. [Part 9:44:1947; A 1949, 365; 1951, 372]—(NRS A 1975, 1022; 1981, 1500; 1987, 655) NRS 617.225 Election by sole proprietor; physical examination; payment of premiums; effect of failure to pay premiums; withdrawal of election. 1. A sole proprietor may elect to be included within the terms, conditions and provisions of this chapter to secure for himself compensation equivalent to that to which an employee is entitled for any occupational disease contracted by the sole proprietor which arises out of and in the course of his self-employment by filing a written notice of election with the Administrator and a private carrier. 2. A private carrier may require a sole proprietor who elects to accept the terms, conditions and provisions of this chapter to submit to a physical examination by a physician selected by the private carrier before the commencement of coverage and on a yearly basis thereafter. If a private carrier requires such a physical examination, the private carrier shall prescribe the scope of the examination and shall consider it for rating purposes. The cost of the physical examination must be paid by the sole proprietor. 3. A sole proprietor who elects to submit to the provisions of this chapter shall pay to the private carrier premiums in such manner and amounts as may be prescribed by the regulations of the Commissioner. 4. If a sole proprietor fails to pay all premiums required by the regulations of the Commissioner, the failure operates as a rejection of this chapter. 5. A sole proprietor who elects to be included under the provisions of this chapter remains subject to all terms, conditions and provisions of this chapter and all regulations of the Commissioner until he files a written notice with the private carrier and the Administrator that he withdraws his election. 6. For purposes of this chapter, a sole proprietor shall be deemed to be an employee receiving a wage of $300 per month. (Added to NRS by 1975, 1020; A 1981, 1500; 1993, 1877; 1995, 2034; 1999, 1803; 2001, 2458; 2003, 175) NRS 617.250 Reporting of lessees engaged in mining or operating reduction plant. 1. A lessee engaged in either mining or operating a reduction plant, whose employer is within the provisions of this chapter, must be reported by the employer separately from persons employed at a daily wage, and the report must describe briefly: (a) The agreement under which the work is to be performed; (b) The aggregate number of shifts worked during the preceding month; and (c) The total amount earned by lessees, computed on the average daily wages of workmen engaged in like work in the same locality. Otherwise, the payroll reports and premium payments on earnings of lessees described in this section are governed by the requirements of this chapter regarding employees engaged at a regular wage. 2. If such a lessee files with the Administrator and the insurer an acceptance of the provisions of this chapter and, if applicable, pays the premiums in advance upon the estimated earnings of himself and any workmen he may employ, the lessor is relieved of this obligation. [14:44:1947; 1943 NCL § 2800.14]—(NRS A 1967, 1370; 1975, 621, 1022; 1977, 236; 1981, 1500; 1987, 600; 1995, 2035) REPORTS OF OCCUPATIONAL DISEASES AND CLAIMS FOR COMPENSATION NRS 617.342 Notice of occupational disease: Requirements; availability of form; retention. 1. An employee or, in the event of the employee’s death, one of his dependents, shall provide written notice of an occupational disease for which compensation is payable under this chapter to the employer of the employee as soon as practicable, but within 7 days after the employee or dependent has knowledge of the disability and its relationship to the employee’s employment. 2. The notice required by subsection 1 must: (a) Be on a form prescribed by the Administrator. The form must allow the employee or his dependent to describe briefly the circumstances which caused the disease or death. (b) Be signed by the employee or by a person on his behalf, or in the event of the employee’s death, by one of his dependents or by a person acting on behalf of the dependent. (c) Include an explanation of the procedure for filing a claim for compensation. (d) Be prepared in duplicate so that the employee or his dependent and the employer can retain a copy of the notice. 3. Upon receipt of the notice required by subsection 1, the employer, the employee’s supervisor or the agent of the employer who was in charge of the type of work performed by the employee shall sign the notice. The signature of the employer, the supervisor or the employer’s agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employer’s defenses or rights. 4. An employer shall maintain a sufficient supply of the forms required to file the notice required by subsection 1 for use by his employees. 5. An employer shall retain any notice provided pursuant to subsection 1 for 3 years after the date of the receipt of the notice. An employer insured by a private carrier shall not file a notice of injury with the private carrier. (Added to NRS by 1993, 762; A 1995, 2161; 1997, 1445; 1999, 1803) NRS 617.344 Claim for compensation: Requirements for diseased employee, his dependent or his representative to file claim; form. 1. Except as otherwise provided in subsection 2, an employee who has incurred an occupational disease, or a person acting on his behalf, shall file a claim for compensation with the insurer within 90 days after the employee has knowledge of the disability and its relationship to his employment. 2. In the event of the death of the employee resulting from the occupational disease, a dependent of the employee, or a person acting on his behalf, shall file a claim for compensation with the insurer within 1 year after the death of the employee. 3. The claim for compensation must be filed on a form prescribed by the Administrator. (Added to NRS by 1993, 763) NRS 617.345 Handling of claims by private carrier subject to provisions of chapter; employer and private carrier subject to regulations of Division. The claims of employees and their dependents resulting from injuries while in the employmen

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