Pursuant to Nev. Rev. Stat. § 616C.015, an employee or, in the event
of the employee’s death, one of the dependents of the employee,
shall provide written notice of an injury that arose out of and in the
course of employment to the employer of the employee as soon as practicable,
but within seven (7 ) days after the accident.
The above law is the notice requirement for the time frame required for
an injured worker to report their accident and injury to their employer
within seven (7) days. This is one of the very bright line rules in workers’
compensation in Nevada. If the injured worker cannot prove by a preponderance
of the evidence that they reported the injury within that time frame,
it is highly likely they will lose, or even get the case dismissed for
See NRS 616C.150.
The notice may come in several forms. One common scenario is where the
injured worker slips and falls at work and notifies the employer that
same day, and is often treated that same day. A less common scenario is
where the employer claims they were not notified within seven (7) days
yet the injured worker has emails, text messages, or other correspondence
that indicates otherwise.
The notice does not have to be formal, as long as the employer is aware
that the accident and injury occurred. Sometimes employers outright deny
the accident or injury occurred as well as that they were not notified.
However, things like ambulance rides to hospitals and OSHA visits certainly
put any reasonable employer on notice that one of their employees was
injured on the job.
Although this notice requirement seems simplistic, it is not always. This
is a significant legal challenge that although not insurmountable, it
does present hurdles in the very beginning of the case. Injured workers
should seek an experienced attorney regarding this circumstance. The experienced
attorney will not only be able to give guidance on this process, but also
all other laws associated with work injuries.