Yes, in most cases, Reno employers are required by Nevada law to carry workers’ compensation insurance. Nevada operates a compulsory workers’ compensation system, meaning employers generally must secure coverage for their employees or face serious legal and financial consequences. If you were hurt on the job and discovered your employer had no coverage, you still have options to pursue the benefits you deserve.
If you were injured at work and have questions about your employer’s insurance obligations, Shook and Stone is here to help. Call 702-570-0000 or reach out online to discuss your situation.
Nevada’s Workers’ Comp Insurance Mandate for Employers
Workers’ compensation in the United States is a no-fault program mandated by state law and financed almost exclusively by employers; in most, but not all, states employees do not bear a share of the premium. Administration varies by state: some programs are administered by state agencies, while many states permit or require coverage through private insurers. In a few states, employers may make limited payroll deductions for portions of the premium (for example, Washington). In Nevada, the Division of Industrial Relations (DIR) oversees workers’ compensation requirements and provides employers with guidance on obtaining coverage.
Nevada law makes workers’ comp coverage compulsory for most employers. Every person, firm, voluntary association, or private corporation with employees under a contract of hire must generally carry coverage, with penalties for noncompliance. Limited statutory exemptions exist for household domestic service, farm and agricultural labor, voluntary ski patrollers, and casual employment (lasting no more than 20 days with total labor cost under $500). For the vast majority of Reno workers in construction, hospitality, warehousing, delivery, and similar roles, employer coverage is mandatory.
đź’ˇ Pro Tip: If you are unsure whether your employer was required to carry workers’ comp insurance, do not assume you lack coverage. Nevada law places the burden on the employer to prove they either had coverage or were exempt.
What Happens When a Reno Employer Has No Workers’ Comp Coverage
Operating without workers’ compensation insurance in Nevada triggers a formal enforcement and claims process. The state maintains an Uninsured Employers’ Claim Account to ensure injured workers receive benefits even when their employer broke the law. The DIR uses specific forms (D-16, D-17, and D-18) to administer these claims.
An injured worker in Reno can file a claim through this account and still receive benefits. Requirements include being hired or regularly employed in Nevada and making an irrevocable assignment to the Division of a right to be subrogated under NRS 616C.215. Under NRS 616C.220, any employer who failed to provide mandatory coverage is liable for all payments made from the Uninsured Employers’ Claim Account, including benefits, administrative costs, and attorney’s fees. The state pays the worker’s benefits, then pursues the employer for reimbursement. You can learn more about what happens when Reno employers skip workers’ comp coverage.
đź’ˇ Pro Tip: Even if your employer tells you that you are “not covered” or that the company is too small for workers’ comp, report your injury and file a claim anyway. Nevada’s Uninsured Employers’ Claim Account exists to protect workers in exactly this scenario.
Employer Liability When Workers’ Comp Coverage Is Missing
Employers who fail to carry required workers’ comp insurance face significant financial and legal liability under Nevada law. Under NRS 616C.220, an uninsured employer is liable for all benefits, administrative costs, attorney’s fees paid from the Uninsured Employers’ Claim Account, plus interest. Additionally, under NRS 616D.200, employers may face criminal penalties, including a misdemeanor charge for a first offense, and administrative fines of up to $15,000.
The burden of proof falls squarely on the employer. Under NRS 616C.220, subsection 4, the employer must prove they either provided mandatory coverage or were not required to maintain it. As an injured worker, you do not need to prove your employer lacked coverage.
Employee vs. Independent Contractor Classification
One of the most common ways employers try to avoid workers’ comp obligations is by misclassifying employees as independent contractors. The Nevada DIR provides guidance on distinguishing independent contractors from employees for workers’ compensation purposes. If your employer classified you as an independent contractor but controlled when, where, and how you performed your work, that classification may be incorrect. Misclassification does not eliminate your right to benefits.
đź’ˇ Pro Tip: Keep records of your work schedule, any uniforms or equipment your employer provided, and communications showing how your work was directed. These details can help establish you were an employee entitled to workers’ comp coverage.
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How Professional Employer Organizations Affect Your Coverage
Some Reno businesses use professional employer organizations (PEOs) to handle payroll and benefits, including workers’ compensation. Under NRS 616B.692, a PEO can provide workers’ comp coverage for leased employees, and the policy covers the liability of both the PEO and the client company for payments required under Nevada’s workers’ compensation statutes.
If you work for a company that uses a PEO, you are still entitled to workers’ comp benefits. The exclusive remedy doctrine under NRS 616A.020 applies to both the PEO and the client company when coverage is in place.
| Scenario | Who Provides Coverage | Who Is Liable |
|---|---|---|
| Employer has own policy | Employer’s insurer | Employer |
| Employer uses a PEO | PEO’s workers’ comp policy | Both PEO and client company |
| Employer has no coverage | Uninsured Employers’ Claim Account | Employer (liable for all payments plus interest, administrative costs, and attorney’s fees) |
Employer Posting and Compliance Requirements in Reno
Nevada requires employers to post specific notices about workers’ compensation in the workplace. The DIR lists mandatory posting requirements, including Form D-1, that employers must display where employees can see them. Employers must also file a Nevada Workers’ Compensation Affirmation of Compliance. These requirements exist so workers know their rights and understand how to report injuries and file claims.
If your employer never posted any workers’ comp information, that may indicate a compliance problem. While the absence of a posted notice does not automatically mean you lack coverage, it is a warning sign. A Reno workers’ compensation attorney can help you determine whether your employer met its legal obligations.
đź’ˇ Pro Tip: Before an injury occurs, note whether your employer has workers’ comp notices posted in break rooms or near time clocks. If you do not see any postings, ask your employer directly about coverage and document the response.
Steps to Take If You Are Injured and Your Employer Lacks Coverage
Do not let your employer’s failure to carry insurance stop you from pursuing benefits. Nevada’s system is designed to protect injured workers even when employers break the law. Consider these steps:
- Report your injury to your employer in writing as soon as possible.
- Seek medical attention promptly and inform your provider that the injury is work-related.
- Contact the Nevada Division of Industrial Relations to inquire about filing a claim through the Uninsured Employers’ Claim Account.
- Gather documentation including pay stubs, schedules, and written communications with your employer.
- Consult with a Reno workers’ comp lawyer who can guide you through the uninsured employer claims process.
đź’ˇ Pro Tip: Nevada workers’ compensation is a no-fault system. You do not need to prove your employer was negligent to receive benefits. You only need to show the injury occurred in the course and scope of your employment.
Frequently Asked Questions
1. Can I still get workers’ comp benefits if my Reno employer does not have insurance?
Yes, you may still be eligible for benefits. Nevada maintains an Uninsured Employers’ Claim Account that allows eligible employees of uninsured employers to receive workers’ compensation benefits. Under NRS 616C.220, the state pays these claims, then holds the employer liable for reimbursement of all payments, including benefits, administrative costs, attorney’s fees, and interest.
2. How do I know if my employer is required to carry workers’ comp insurance in Nevada?
Most Nevada employers are required to carry coverage. The workers’ comp insurance mandate is compulsory for the vast majority of employers. Limited exemptions exist for domestic service workers, agricultural laborers, certain casual employees, voluntary ski patrollers, and a few other narrow classes. Employers bear the burden of proving any exemption applies.
3. What if my employer says I am an independent contractor?
Misclassification does not necessarily eliminate your right to benefits. Nevada’s DIR provides guidance on the distinction between employees and independent contractors. If the actual working relationship looks like employment, you may still be entitled to workers’ compensation regardless of your job title or contract language.
4. Does it matter if I work for a staffing agency or PEO in Reno?
You are still entitled to workers’ comp coverage. Under NRS 616B.692, a PEO’s workers’ compensation policy covers both the PEO and the client company. The exclusive remedy protections apply to all parties, and your right to file a workplace injury claim remains intact.
5. What financial consequences does my employer face for not having workers’ comp?
An uninsured employer may face substantial liability. Under Nevada law, the employer is responsible for all payments made from the Uninsured Employers’ Claim Account, including benefits, administrative costs, attorney’s fees, plus interest. The employer may also face administrative fines of up to $15,000 and criminal penalties, including misdemeanor charges for a first offense under NRS 616D.200.
Protecting Your Rights After a Workplace Injury in Reno
Nevada workers’ compensation law is built to protect injured workers, not to let employers escape their obligations. Whether your employer carried proper coverage, used a PEO, or failed to insure altogether, you generally have a path to benefits under Nevada law. The key is acting promptly, documenting everything, and understanding that the legal burden falls on employers to justify any lack of coverage.
If you were hurt on the job in Reno and need help navigating the workers’ comp process, Shook and Stone is ready to stand by your side. Call 702-570-0000 or contact us today to get started.
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