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 jurisdictional issues. 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.