Compliance Corner
Among defenses available in workers’ compensation claims, many states provide a defense for a lack of or late notice of a worker’s injury, subject to exceptions.
As Simply Research subscribers know, the Nevada rules involving a failure to file notice are as follows.
Basic Rule
An employee or, in the event of the death of the employee, a dependent of the employee, is barred from recovering workers’ compensation benefits in Nevada if the employee or dependent, as applicable, fails to file a notice of injury or a claim for compensation.
Exceptions
An insurer may excuse the failure to file a notice of injury or a claim for compensation pursuant to the provisions of this section if:
(1) The injury to the employee or another cause beyond the control of the employee prevented the employee from providing the notice or claim.
(2) The failure was caused by the employee’s or dependent’s mistake or ignorance of fact or of law.
(3) The failure was caused by the physical or mental inability of the employee or the dependent.
(4) The failure was caused by fraud, misrepresentation or deceit.
Case Examples
Barrick Goldstrike Mine v. Peterson, 2 P.3d 850 (2000). If an employee fails to file either a notice of injury or a claim for compensation, the employee is, at least presumptively, barred from receiving benefits.
Valley Health Systems, LLC v. Soriano, No. 89520-COA (Nev. Ct. App. 09/30/25). Medical evidence in the record overwhelmingly supported the conclusion that the claimant’s hospitalization and treatment “prevented the [claimant] from providing the notice or claim” within the statutory time periods such that her failure to comply with the timing requirements was caused by her injury or physical inability to do so, where the claimant remained hospitalized for more than two months while receiving treatment for COVID-19, hypoxia, and pneumonia, had to be moved to the ICU and, the next day was intubated and placed in a medically induced coma.
