NRS
616A.020 Rights and remedies exclusive; terms and conditions for payment
of compensation conclusive, compulsory and obligatory; application of exclusive
remedies to certain employers.
1. The rights and remedies provided in chapters 616A to 616D,
inclusive, of NRS for an employee on account of an injury by accident sustained
arising out of and in the course of the employment shall be exclusive, except
as otherwise provided in those chapters, of all other rights and remedies of
the employee, his or her personal or legal representatives, dependents or next
of kin, at common law or otherwise, on account of such injury.
2. The terms, conditions and provisions of
chapters 616A to 616D, inclusive, of NRS for the payment of
compensation and the amount thereof for injuries sustained or death resulting
from such injuries shall be conclusive, compulsory and obligatory upon both
employers and employees coming within the provisions of those chapters.
3. The exclusive remedy provided by this
section to a principal contractor extends, with respect to any injury by
accident sustained by an employee of any contractor in the performance of the
contract, to every architect, land surveyor or engineer who performs services
for:
(a) The contractor;
(b) The owner of the property; or
(c) Any such beneficially interested persons.
4. The exclusive remedy provided by this
section applies to the owner of a construction project who provides industrial
insurance coverage for the project by establishing and administering a
consolidated insurance program pursuant to NRS
616B.710 to the extent that the program covers the employees of the
contractors and subcontractors who are engaged in the construction of the
project.
5. When an employee of a state or local
government employer is injured by accident sustained during the course of
employment while participating in an activity which is carried out
cooperatively by the state or local government employer with another state or
local government employer, the exclusive remedy provided by this section
extends to the state or local government employer of the injured employee and
any act or failure to act which creates liability on the part of any of the
government employers participating in the activity shall be deemed to be the
act or failure to act of the government employer of the injured employee for
the purposes of the rights and remedies provided in chapters 616A to 616D,
inclusive, of NRS.
6. If an employee receives any
compensation or accident benefits under chapters
616A to 616D, inclusive, of NRS, the
acceptance of such compensation or benefits shall be in lieu of any other
compensation, award or recovery against his or her employer under the laws of
any other state or jurisdiction and such employee is barred from commencing any
action or proceeding for the enforcement or collection of any benefits or award
under the laws of any other state or jurisdiction.
[27:168:1947; 1943 NCL § 2680.27]—(NRS A 1971,
885; 1973,
624; 1989,
230; 1999,
3139; 2011,
782)
Notes of Decisions
Cited in
30
cases (
6 in the last 5 years), 1997–2025 · leading case:
Wood v. Safeway, Inc., 121 P.3d 1026 (Nev. 2005).
Wood v. Safeway, Inc., 121 P.3d 1026 (Nev. 2005).
· cites it 14× “Therefore, under the contributed to or increased the risk test, Doe's injury falls within the coverage of the NIIA, and her claims are barred by NRS 616A.020. [43] As such, no genuine issues of material fact remain, and summary judgment was appropriate in this case.”
Richards v. Repub. Silver State Disposal, Inc., 148 P.3d 684 (Nev. 2006).
· cites it 6× “[11] In return for providing such coverage, the NIIA's exclusive remedy provision, NRS 616A.020, immunizes those employers and their employees from lawsuits connected with another employee's industrial injury.”
Harris v. Rio Hotel & Casino, Inc., 25 P.3d 206 (Nev. 2001).
· cites it 2× “NOTES [1] See NRS 616A.020(1), which states in part: The rights and remedies provided [by the NIIA] for an employee on account of an injury by accident sustained arising out of and in the course of the employment shall be exclusive, except as otherwise provided [in the NIIA], of…”
Advanced Countertop Design, Inc. v. Second Jud. Dist. Court, 984 P.2d 756 (Nev. 1999).
· cites it 3× “020(1) (“The rights and remedies provided in chapters 616A to 616D, inclusive, of NRS for an employee on account of an injury by accident sustained arising out of and in the course of the employment shall be exclusive, except as otherwise provided in those chapters, of all other…”
Conway v. Circus Circus Casinos, Inc., 8 P.3d 837 (Nev. 2000).
· cites it 2× “” NRS 616A.020(1). An injury is defined, in relevant part, as “a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence.”
Fanders v. Riverside Resort & Casino, Inc., 245 P.3d 1159 (Nev. 2010).
· cites it 2× “” NRS 616A.020(1) (emphasis added). The statute defines an accident as “an unexpected or unforeseen event happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury.”
Tucker v. Action Equip. & Scaffold Co., 951 P.2d 1027 (Nev. 1997).
“370(1) (recodified as NRS 616A.020(1)) (“[t]he rights and remedies provided in this chapter for an employee on account of an injury by accident sustained arising out of and in the course of the employment shall be exclusive”).”
Seput v. Lacayo, 134 P.3d 733 (Nev. 2006).
“5 NRS 616A.020(1). 6 Harris v. Rio Hotel & Casino, 117 Nev.”
Lipps v. S. Nevada Paving, 998 P.2d 1183 (Nev. 2000).
· cites it 2× “612(3); NRS 616A.020(1); NRS 616C.215(2)(a). Thus, we hold that the district court properly granted summary judgment in this matter.”
— Nev. Rev. Stat. § 616A.020(1) — 26 cases
Wood v. Safeway, Inc., 121 P.3d 1026 (Nev. 2005).
“Therefore, under the contributed to or increased the risk test, Doe's injury falls within the coverage of the NIIA, and her claims are barred by NRS 616A.020. [43] As such, no genuine issues of material fact remain, and summary judgment was appropriate in this case.”
Richards v. Repub. Silver State Disposal, Inc., 148 P.3d 684 (Nev. 2006).
“[11] In return for providing such coverage, the NIIA's exclusive remedy provision, NRS 616A.020, immunizes those employers and their employees from lawsuits connected with another employee's industrial injury.”
Harris v. Rio Hotel & Casino, Inc., 25 P.3d 206 (Nev. 2001).
“NOTES [1] See NRS 616A.020(1), which states in part: The rights and remedies provided [by the NIIA] for an employee on account of an injury by accident sustained arising out of and in the course of the employment shall be exclusive, except as otherwise provided [in the NIIA], of…”
Advanced Countertop Design, Inc. v. Second Jud. Dist. Court, 984 P.2d 756 (Nev. 1999).
“020(1) (“The rights and remedies provided in chapters 616A to 616D, inclusive, of NRS for an employee on account of an injury by accident sustained arising out of and in the course of the employment shall be exclusive, except as otherwise provided in those chapters, of all other…”
— Nev. Rev. Stat. § 616A.020(l) — 1 case
Wood v. Safeway, Inc., 121 P.3d 1026 (Nev. 2005).
“Therefore, under the contributed to or increased the risk test, Doe's injury falls within the coverage of the NIIA, and her claims are barred by NRS 616A.020. [43] As such, no genuine issues of material fact remain, and summary judgment was appropriate in this case.”
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