{"id":1315,"date":"2015-07-07T23:28:01","date_gmt":"2015-07-07T23:28:01","guid":{"rendered":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/?p=1315"},"modified":"2015-07-07T23:28:01","modified_gmt":"2015-07-07T23:28:01","slug":"new-nevada-supreme-court-decision-on-suing-contractors","status":"publish","type":"post","link":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/2015\/07\/articles\/information-center\/new-nevada-supreme-court-decision-on-suing-contractors\/","title":{"rendered":"New Nevada Supreme Court Decision on Suing Contractors"},"content":{"rendered":"

\"mining<\/a>
\nEmployers who comply with Nevada law by purchasing workers\u2019 compensation insurance are protected from lawsuits for personal injuries brought by injured workers.\u00a0 The injured worker\u2019s exclusive remedy when the accident is work-related is to seek workers\u2019 compensation benefits by following the procedures in the Nevada Industrial Insurance Act (NRS Chapter 616<\/a>).\u00a0 Co-workers are also protected from personal injury lawsuits unless the injured worker can show that the co-worker intentional caused the injury.\u00a0 In Nevada, subcontractors and independent contractors\u00a0 who negligently cause injury to a worker on the same job site, may legally be considered co-workers also, thereby making them also immune from personal injury liability.<\/p>\n

In the recent decision, D & D Tire, Inc. v. Ouellette, <\/span>\u00a0131 Nev. Adv. Op. 47 (7\/2\/15)<\/a>, the court had to decide whether an employee of a mining company \u00a0could bring a personal injury lawsuit against the employee of\u00a0 independent contractor who was hired to perform specialized tire repair.\u00a0 The court held that the lawsuit could proceed because the independent contractor, a tire repair specialty company, was on the mining company premises to perform a specialized repair that the injured worker\u2019s employer was not equipped to handle with its own work force.\u00a0 This decision is consistent with previous decision which analyses whether the independent contractor is there to perform work in the same trade, business, profession or occupation as the employer of the injured worker.\u00a0\u00a0 This is called the\u00a0 \u201cnormal work test\u201d, and was first articulated in the case Meers v. Haughton Elevator<\/span>, 101 Nev. 283, 285, 701 P.2d 1006, 1007 (1985)<\/a>.<\/p>\n

Please note that this is not a construction project case involving a 624-licensed general contractor, which would require a different legal analysis.\u00a0 See, <\/em>Richards v. Republic Silver State Disposal, Inc.<\/span>, 148 P.3d 684 (2006).<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Employers who comply with Nevada law by purchasing workers\u2019 compensation insurance are protected from lawsuits for personal injuries brought by injured workers.\u00a0 The injured worker\u2019s exclusive remedy when the accident is work-related is to seek workers\u2019 compensation benefits by following the procedures in the Nevada Industrial Insurance Act (NRS Chapter 616).\u00a0 Co-workers are also protected … Continue reading New Nevada Supreme Court Decision on Suing Contractors<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-1315","post","type-post","status-publish","format-standard","hentry","category-information-center"],"acf":[],"aioseo_notices":[],"post_mailing_queue_ids":[],"_links":{"self":[{"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/posts\/1315","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/comments?post=1315"}],"version-history":[{"count":3,"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/posts\/1315\/revisions"}],"predecessor-version":[{"id":1319,"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/posts\/1315\/revisions\/1319"}],"wp:attachment":[{"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/media?parent=1315"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/categories?post=1315"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jhwlawoffice.com\/nevada-workers-comp-law-blog\/wp-json\/wp\/v2\/tags?post=1315"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}