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Can I exclude owners and officers from workers' comp coverage in Nevada?

You already know who needs Nevada workers’ compensation coverage. (Basically, if you run a business with at least one employee in the State of Nevada, you need workers’ compensation insurance.)

Remember, workers’ compensation is an important part of your overall Nevada business insurance portfolio. It pays out medical benefits and lost wages to injured employees suffering from a work-related injury or occupational disease. (Disability benefits, too, in worst-case scenarios.) Depending on the industry you’re in, an affordable workers’ comp policy can be the difference between a minor inconvenience and millions of dollars in legal fees and medical care if one of your employees files a workers’ compensation claim.

Now, it’s time to cover who doesn’t need to be on your policy—that is, who are you legally allowed to exclude from workers’ comp coverage? Your business partner? Your corporate officers, who are unlikely to become an injured worker while on the job? We’ve got answers and instructions.

Do you have business partners?

Any business partners in Nevada will automatically be excluded from workers’ compensation benefits. But they can choose to be included in coverage if they wish. To do that, they’ll fill out an election of coverage form (D-44), which you’ll submit to your insurance company.

If you’re insured with a traditional company, you’ll likely need to sign a physical document. With Huckleberry, this process is online and super easy.

Keep in mind that a robust workers’ compensation insurance policy may provide reimbursement for the following potential expenses in the event of an on-the-clock medical event (after you file a first notice of injury and incident report):

  • Medical fees
  • Legal expenses

For your sick or injured worker, workers’ comp can extend the following benefits:

  • Partial lost wages
  • Medical treatment
  • Travel expenses to and from treatment
  • Occupational therapy/Job retraining
  • Temporary partial disability benefits
  • Temporary total disability benefits (TTD)
  • Permanent partial disability benefits
  • Permanent total disability benefits (PTD)

Does your Nevada business have corporate officers?

If your Nevada business is organized as a corporation, any officers are automatically included in workers’ comp coverage. However, officers can choose to remove themselves from the policy by filling out a D-43 form which you’ll submit to your insurer. (Again: If you’re with Huckleberry, you’ll do this online.)

Now, if your company officers choose to remain on your policy, their premium (and potential lost wages payout) will be based on a minimum of $6,000 per year and a maximum of $36,000 per year in payroll.

Can you exclude LLC members?

In Nevada, LLCs are treated the same as corporations from a workers’ comp standpoint—that is, your LLC members will automatically be included unless they submit a D-43 form.

(As with corporations, the premium for these members will be based on a minimum payroll of $6,000 per year and a maximum of $36,000.)

If you’re a sole proprietor, can you exclude yourself?

Actually, in Nevada, sole proprietors aren’t required to purchase workers’ comp in the first place. If you’d like to elect coverage for yourself, though, you can fill out a D-45 form. (Keep in mind that workers’ comp is not a good replacement for standard health and life insurance products.)

Did you find what you need? Great. If you’re ready for an instant estimate, you can use our workers' comp calculator and get a business insurance quote online from Huckleberry in minutes.

Whether you’re in Las Vegas, Reno, or Carson City, Huckleberry is ready for you! Everything is online. Everything is easy.


Disclaimer

All content on this page is for general informational purposes only and does not apply to any specific case, is not legal, tax or insurance advice and should not be relied upon. If you have any questions about the situation for your small business or the latest information in your state, you should contact an attorney for legal advice, an insurance agent or broker, and/or your state's labor or industry agency, board, commission or department. Please note that the information provided on this page may change at any time as a result of legislative action, court decisions or rules adopted or amended by any state or the federal government.

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