616B.636 - Actions at law by employees.
616B.636 Actions at law by employees.
1. If any employer within the provisions of NRS 616B.633 fails to provide and secure compensation under chapters 616A to 616D, inclusive, of NRS, any injured employee or the dependents of the employee may bring an action at law against the employer for damages as if those chapters did not apply.
2. The injured employee or the dependents of the employee may in such an action attach the property of the employer at any time upon or after the institution of the action, in an amount fixed by the court, to secure the payment of any judgment which is ultimately obtained. The provisions of chapters 31 and 71 of NRS govern the issuance of, and proceedings upon, the attachment.
3. In such an action, the employer does not escape liability for personal injury or accident sustained by the employee, when the injury sustained arises out of and in the course of the employment, because:
(a) The employee assumed the risks:
(1) Inherent or incidental to, or arising out of his or her employment;
(2) Arising from the failure of the employer to provide and maintain a reasonably safe place to work; or
(3) Arising from the failure of the employer to furnish reasonably safe tools, motor vehicles or appliances.
(b) The employer exercised reasonable care in selecting reasonably competent employees in the business.
(c) The injury was caused by the negligence of a coemployee.
(d) The employee was negligent, unless it appears that such negligence was willful and with intent to cause injury or the injured party was intoxicated.
Ê In such cases it is presumed that the injury to the employee was the result of the negligence of the employer and that such negligence was the proximate cause of the injury, and the burden of proof rests upon the employer to rebut the presumption of negligence.
[31:168:1947; 1943 NCL § 2680.31]—(NRS A 1960, 154; 1975, 1020; 1991, 2408)—(Substituted in revision for NRS 616.375)