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Most independent contractors in Nevada are not covered by traditional workers’ comp. They are not considered employees under state law, so they are usually responsible for their own coverage unless an exception applies.
A workers’ compensation lawyer in Las Vegas can help explain how classification works and what signs to look for if the line between contractor and employee feels unclear. Knowing how that classification is determined can affect both your rights and your next steps if you were hurt on the job.
Just because someone is called a contractor does not always mean they are one, legally. Nevada looks at how the job works, not just what the paperwork says. That classification affects whether you have coverage if you get hurt while working.
Nevada uses a multi-factor test to decide whether construction workers or anyone working in an “independent” role is an employee or actually an independent contractor.
It focuses on how much control the employer has, how closely the work is supervised, and how the business is set up. Labels alone do not decide the outcome, even if a contract says “independent contractor,” which does not always hold up if the day-to-day work looks more like a full- or part-time employee’s role.
Employees are protected under the Nevada Industrial Insurance Act, which provides workers’ compensation benefits if they are hurt on the job. Independent contractors, on the other hand, are generally not included unless a specific exception applies.
Most contractors in Nevada are not covered by standard workers’ comp, but there are some exceptions. Depending on how the job was set up and who was involved, you might still have access to benefits. It all comes down to the structure of the work and whether it fits into one of a few specific categories. Here are some situations where independent contractors might still qualify:
When serious work injuries happen, especially something like a traumatic brain injury, the state may take a closer look at whether you were truly independent.
The Nevada Revised Statutes § 616A.110 helps define who qualifies for coverage, but there are still gray areas.
Sometimes, it is not immediately clear whether workers’ comp applies. If you were hurt on the job but your classification is in question, there is a process for sorting things out. You may still have a path forward depending on how your work was structured and documented.
If you suffered an injury and believe you were misclassified, you can request a formal review. The Nevada Department of Business and Industry may step in to assess how much control the company had over your work and whether your role resembled that of an employee.
Under Nevada Revised Statutes § 616B.603, the department can look at contract terms, day-to-day supervision, payment structure, and other factors that show how the relationship actually worked.
If your claim is denied after review, the next step is the appeals process. This involves filing a request for a hearing and submitting documentation that explains why you believe coverage should apply. While it is a structured legal process, it is designed to give injured workers a fair opportunity to present their side.
The Nevada Revised Statutes § 233B.130 outlines how these hearings work and what steps come next if the dispute continues.
To discuss your workers’ compensation claim, schedule a free consultation with our legal team.