Dear Adjuster,
I am an employer for a local pizza company. We are going to be participating in the Taste of Downtown, a local fundraiser that provides food sampling of 35 restaurants in the area. Since most of our employees will be working at the restaurant on the date of the event, we would like to have our friends help us with the sampling downtown. If one of our friends was to be injured while helping us, would our worker’s compensation insurance cover their injury?
Signed, Just Wondering
Dear Just Wondering,
Pursuant to Nevada Revised Statutes 616A.075 “Casual,” defined refers only to employment where the work contemplated is to be completed in 20 working days or parts thereof in a calendar quarter, without regard to the number of persons employed, and where the total labor cost of the work is less than $500.
Since your friends were only going to work for you for this event and you were not planning on paying them, these friends would not meet the statutory qualifications of an employee, therefore they would not be covered under your workers’ compensation policy. We might suggest, however, that you speak with your liability insurance carrier to find out if they have an exposure from this aspect.
Dear Adjuster,
I am an employer in your Transportation group. I have a driver who was sleeping in his truck in between driving and says he was bit by a spider. He required treatment and I need to know if my workers’ compensation policy will cover this incident?
Signed, Worried
Dear Worried,
Pursuant to Nevada Revised Statues 616C.150, An injured employee or his dependents are not entitled to receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS unless the employee or his dependents establish by a preponderance of the evidence that the employee’s injury arose out of and in the course of his employment. It is very hard to prove by a preponderance of evidence that a spider bite definitely happened while the employee was at work, therefore without this evidence this claim would be denied. One test to the course and scope rule is whether or not the employee is paid during the time he is sleeping and whether or not this activity is within his established job duties. |