616C.025 - Recovery of compensation barred if notice of injury or claim for compensation is not filed; exceptions. - Nevada Statutes

616C.025  Recovery of compensation barred if notice of injury or claim for compensation is not filed; exceptions.

      1.  Except as otherwise provided in subsection 2, an employee or, in the event of the death of the employee, a dependent of the employee, is barred from recovering compensation pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS if the employee or dependent, as applicable, fails to file a notice of injury pursuant to NRS 616C.015 or a claim for compensation pursuant to NRS 616C.020.

      2.  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:

      (a) The injury to the employee or another cause beyond the control of the employee prevented the employee from providing the notice or claim;

      (b) The failure was caused by the employee’s or dependent’s mistake or ignorance of fact or of law;

      (c) The failure was caused by the physical or mental inability of the employee or the dependent; or

      (d) The failure was caused by fraud, misrepresentation or deceit.

      (Added to NRS by 1993, 661)—(Substituted in revision for NRS 616.5011)