November 5, 2025 Workers' Comp
If you work as an independent contractor in Nevada, you might assume that you’re on your own when it comes to workplace injuries. But the reality is more nuanced than you might think. Nevada’s workers’ comp laws don’t always draw a clear line between employees and independent contractors, and that ambiguity can work in your favor—or against you. Knowing where you stand before an accident happens can make all the difference in whether you receive the medical care and wage replacement you need to recover.
In most employment contexts, the distinction between an employee and an independent contractor seems straightforward. Employees typically receive W-2 forms, have taxes withheld from their paychecks, and work under the direct supervision of their employer. Independent contractors, on the other hand, usually receive 1099 forms, control how they complete their work, and operate with more autonomy.
However, when it comes to workers’ compensation in Nevada, these traditional markers do not always tell the whole story. The state uses different criteria to determine who qualifies for coverage, and simply being classified as an independent contractor on your tax forms does not automatically exclude you from workers’ comp protection.
Nevada law requires employers to provide workers’ compensation coverage for employees, independent contractors, and subcontractors in most situations. This means that even if you are technically an independent contractor, you may still be covered under your hiring party’s workers’ comp policy.
The key exception involves what Nevada calls an independent enterprise. To qualify as an independent enterprise—and therefore fall outside workers’ comp coverage—you must meet the following requirements:
The independent enterprise exception does not apply to construction sites. Instead, Nevada law ensures that every worker on a construction job should be covered by someone’s workers’ comp policy—whether that’s the subcontractor who hired you directly or the general contractor overseeing the project.
Consider an electrician who contracts with a retail clothing store to upgrade its lighting system. The electrician’s trade—electrical work—is entirely different from the store’s business of selling apparel. If this electrician maintains their own contractor’s license and owns the tools and equipment they use for electrical work, they would likely qualify as an independent enterprise.
By contrast, imagine you work as a contracted sales associate for that same retail store during busy seasons. Your work falls squarely within the retail industry—the same field as the store itself. You are performing tasks that are central to the store’s business operations. In this situation, you wouldn’t qualify as an independent enterprise, which means you should be covered under the store’s workers’ comp policy.
If you have been hurt on the job and you want to apply for benefits as an independent contractor, speak to a Las Vegas, Nevada workers’ comp lawyer immediately. An experienced Las Vegas injury attorney can evaluate your work arrangement, determine whether you qualify for coverage, and fight for the benefits you deserve. Schedule a free legal consultation today and get the answers you need to move forward with confidence.
