Nevada Revised Statutes

Nev. Rev. Stat. § 616A.265 (2026)

“Injury” and “personal injury” defined

✓ current as of July 2026

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NRS 616A.265 “Injury” and “personal injury” defined.

1. “Injury” or “personal injury” means a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence, including injuries to prosthetic devices. Except as otherwise provided in subsection 3, any injury sustained by an employee while engaging in an athletic or social event sponsored by his or her employer shall be deemed not to have arisen out of or in the course of employment unless the employee received remuneration for participation in the event.

2. For the purposes of chapters 616A to 616D, inclusive, of NRS:

(a) Coronary thrombosis, coronary occlusion, or any other ailment or disorder of the heart, and any death or disability ensuing therefrom, shall be deemed not to be an injury by accident sustained by an employee arising out of and in the course of his or her employment.

(b) The exposure of an employee to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his or her employment shall be deemed to be an injury by accident sustained by the employee arising out of and in the course of his or her employment.

(c) Except as otherwise provided in paragraph (d), the exposure to a contagious disease of a police officer or a salaried or volunteer firefighter who was exposed to the contagious disease:

(1) Upon battery by an offender; or

(2) While performing the duties of a police officer or firefighter,

Ê shall be deemed to be an injury by accident sustained by the police officer or firefighter arising out of and in the course of his or her employment if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to paragraph (a) of subsection 1 of NRS 616C.052. As used in this paragraph, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

(d) If a police officer or a salaried or volunteer firefighter tests positive for exposure to tuberculosis or another contagious disease under the circumstances described in subsection 2 or 3 of NRS 616C.052, he or she shall be deemed to have sustained an injury by accident arising out of and in the course of his or her employment, unless the insurer can prove by a preponderance of the evidence that the exposure was not related to the employment of the police officer or firefighter.

3. Any injury sustained by an employee of a school district while engaging in an athletic or social event shall be deemed to have arisen out of and in the course of his or her employment, whether or not the employee received remuneration for participation in the event, if:

(a) The event was sponsored by the school district, or the event was an extracurricular activity which was sponsored or organized by a student class, student group or student organization for an educational, recreational or charitable purpose and which was reasonably related to the employee’s job with the school district;

(b) The employee participated in the event at the request of or with the concurrence of supervisory personnel, whether the request or concurrence was oral or written; and

(c) The employee participated in the event to enable the event to take place or to ensure the safety and well-being of any students of the school district.

[19:168:1947; A 1951, 485]—(NRS A 1975, 619; 1981, 1196; 1991, 2400; 1993, 694; 1999, 2446; 2001, 1015, 1872; 2003, 104, 2793; 2005, 341, 2237)

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1996–2025 · leading case: Law Offices of Barry Levinson, P.C. v. Milko, 184 P.3d 378 (Nev. 2008).

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Law Offices of Barry Levinson, P.C. v. Milko, 184 P.3d 378 (Nev. 2008). · cites it 2× “13 NRS 616A.265(1). 14 99 Nev. 324 , 661 P.2d 1301 (1983).”

Grover C. Dils Med. Ctr. v. Menditto, 112 P.3d 1093 (Nev. 2005). · cites it 2× “producing at the time objective symptoms of an injury"); NRS 616A.265(1) (defining "injury" as "a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence"); see also Swinney, 103 Nev.”

McGrath v. State Dep't of Pub. Saf., 159 P.3d 239 (Nev. 2007). · cites it 2× “6 NRS 616A.265(1). 7 Webster’s Third International Dictionary 573 (1976).”

Conway v. Circus Circus Casinos, Inc., 8 P.3d 837 (Nev. 2000). “” NRS 616A.265(1). NRS 616A.030 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.”

Hayes v. State Indus. Ins. Sys., 971 P.2d 1257 (Nev. 1998). · cites it 2× “The employee's medical records for the injury reported do not include a reference to the injury or disease for which treatment is being sought, or there is no documentation indicating that there was possible exposure to an injury described in paragraph (b) of subsection 2 of NRS…”

Morrow v. Asamera Minerals, 929 P.2d 959 (Nev. 1996). “NRS 616A.265 provides in pertinent part: 616A.”

Gubber v. Indep. Mining Co., 911 P.2d 1191 (Nev. 1996). “110 (now NRS 616A.265). Alternatively, Gubber claims that even if there is insufficient evidence on the “accidental injury” issue, there is sufficient evidence that Gubber suffered from an occupational disease pursuant to NRS 617.”

City of Henderson Vs. Spangler, 2020 NV 25 (Nev. 2020). · cites it 2× “Spangler may only recover under these statutes if he suffered an "injury," defined in NRS 616A.265 as "a sudden and tangible happening of a traumatic nature, producing an immediate and prompt result.”

City of Henderson v. Spangler, 464 P.3d 1039 (Nev. 2020). · cites it 2× “Spangler may only recover under these statutes if he suffered an "injury," defined in NRS 616A.265 as "a sudden and tangible happening of a traumatic nature, producing an immediate and prompt result.”

Shubeck v. Mcewen Mining, INC. (D. Nev. 2021). · cites it 2× “” NRS 616A.265(1). An accident means 14 “an unexpected or unforeseen event happening suddenly and violently, with or without human 15 fault, and producing at the time objective symptoms of an injury.”

Hernandez v. MGM Resorts Int'l (D. Nev. 2025). “13 § 616A.265(1). The statute defines “accident” as “an unexpected or unforeseen event happening 14 suddenly and violently, with or without human fault, and producing at the time objective 15 symptoms of an injury.”

— Nev. Rev. Stat. § 616A.265(1) — 6 cases

Law Offices of Barry Levinson, P.C. v. Milko, 184 P.3d 378 (Nev. 2008). “13 NRS 616A.265(1). 14 99 Nev. 324 , 661 P.2d 1301 (1983).”

Grover C. Dils Med. Ctr. v. Menditto, 112 P.3d 1093 (Nev. 2005). “producing at the time objective symptoms of an injury"); NRS 616A.265(1) (defining "injury" as "a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result which is established by medical evidence"); see also Swinney, 103 Nev.”

McGrath v. State Dep't of Pub. Saf., 159 P.3d 239 (Nev. 2007). “6 NRS 616A.265(1). 7 Webster’s Third International Dictionary 573 (1976).”

Shubeck v. Mcewen Mining, INC. (D. Nev. 2021). “” NRS 616A.265(1). An accident means 14 “an unexpected or unforeseen event happening suddenly and violently, with or without human 15 fault, and producing at the time objective symptoms of an injury.”

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