Compliance Corner
If you’re a Nevada employer, do you know what state law requires for posters that provide information about workers’ compensation to employees?
Simply Research subscribers have that info handy, but here’s a recap.
Basics
The title of the poster must be printed in not less than 20-point bold type. The required statement concerning questions and problems relating to claims must be printed in not less than 12-point bold type. The text appearing on the remainder of the poster must be printed in not less than 10-point type. The poster should be at least 11 inches by 17 inches in size.
Employers also must:
(1) Display the poster.
(2) Advise employees of the insurer’s name, business, address, and telephone number of the administrator for their workers’ compensation claims.
Posters must be displayed in a manner that is readily visible by all employees, and a poster cannot be displayed unless:
(1) It has been issued or approved by Nevada’s Workers’ Compensation Section.
(2) If it has not been issued by the WCS, it bears the WCS’s indication of approval.
Posters for Employers with Employees who Receive Tips
An employer that has employees who receive tips must “prominently display” a poster that is at 8 1/2 inches by 11 inches in size and posted in such a manner as to be readily visible to all employees.
Insurer Considerations
The informational poster must include the name, business address, telephone number, and contact person of:
(1) The insurer.
(2) The third-party administrator, if applicable.
(3) The organization for managed care of providers or healthcare with whom the insurer has contracted to provide medical and healthcare services.
(4) The name, business address, and telephone number of the insurer’s or third-party administrator’s adjuster in Nevada that is located nearest to the employer’s place of business.
Workers’ Comp 101: In Nevada, every employer shall provide and secure compensation for any personal injuries by accident sustained by an employee arising out of and in the course of the employment. See NRS 616B.612(1). An employer is defined as, “Every person, firm, voluntary association and private corporation, including any public service corporation, which has in service any person under a contract of hire.” See NRS 616A.230(2). “A person is not an employer … if: (a) The person enters into a contract with another person or business which is an independent enterprise; and (b) The person is not in the same trade, business, profession or occupation as the independent enterprise.” See NRS 616B.603(1). An employee is broadly defined as, “every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed” (See NRS 616A.105), but excludes casual employees not in the same trade, business, profession or occupation; persons engaged as a theatrical or stage performer or in an exhibition; musicians not lasting more than 2 consecutive days; household servants, farming and ranching employees; voluntary ski patrol; sports officials paid a nominal fee; clergy, rabbi or lay readers; real estate brokers or sales persons; and commissioned sales persons (See NRS 616A.110). An independent contractor is a person who is hired and paid solely to produce a result. It is defined as, “any person who renders service for a specified recompense for a specified result, under the control of the person’s principal as to the result of the person’s work only and not as to the means by which such result is accomplished.” See NRS616A.255.
