State

Nevada business insurance requirements

Nevada business insurance: workers' comp from the first employee, no state fund since 2000, 25/50/20 auto limits and limits on defense-within-limits policies.

Workers' comp required at1 employee
Workers' comp marketCompetitive private market
State disability insuranceNo state mandate
Paid family leaveNo state program; private employers with 50 or more employees in Nevada must provide at least 0.01923 hours of paid leave for each hour worked (NRS 608.0197)

Workers' compensation

Who must carry it Required for every employer with any employee under a contract of hire; the act is "conclusive, compulsory and obligatory" on employer and employee (NRS 616B.633, 616A.230)
Employee threshold 1 employee
Who can be excluded Sole proprietors, working partners and members of working associations are not covered unless they elect in with the Administrator and a private carrier (NRS 616B.659, 616A.310); officers and LLC managers who own the company or work unpaid may reject coverage in writing filed with the insurer (616B.624); household domestic, farm and agricultural workers, casual workers, licensed real estate agents, clergy and qualifying direct sellers are excluded (616A.110)
Construction rule No separate threshold; subcontractors, independent contractors and their employees are deemed employees of the principal contractor, and the independent-enterprise exception does not apply to licensed contractors (NRS 616A.210, 616B.603)
Market Competitive private market
State fund No state fund; the State Industrial Insurance System was privatized effective January 1, 2000 as Employers Insurance Company of Nevada
Rating bureau NCCI
Penalty for not carrying it The Administrator may charge the premiums the employer should have paid for up to 6 years plus interest; a first offense is a misdemeanor, and a category C felony (1 to 5 years and a $1,000 to $50,000 fine) if an employee is seriously injured or killed while uninsured or for a repeat offense within 7 years; injured employees may sue in tort and the employer can be ordered to cease operations (NRS 616D.200, 616B.636, 616D.110)
Workers' comp agency Nevada Division of Industrial Relations, Workers' Compensation Section
Agency phone 775-684-7270
Agency website dir.nv.gov/WCS/Home

Employee benefit mandates

State disability insurance No state mandate
Paid family and medical leave No state program; private employers with 50 or more employees in Nevada must provide at least 0.01923 hours of paid leave for each hour worked (NRS 608.0197)

Commercial auto

Minimum liability limits 25/50/20 ($25,000 per person and $50,000 per crash for bodily injury, $20,000 property damage) (NRS 485.185); FMCSA limits apply to interstate motor carriers

Liability law

Negligence rule Modified comparative fault (51% bar); a plaintiff recovers reduced damages if his negligence is not greater than that of the defendants combined (NRS 41.141)
Time limits to sue Personal injury 2 years (NRS 11.190(4)(e)); property damage 3 years (11.190(3)(c)); written contracts 6 years (11.190(1)(b))

Insurance regulator

Insurance regulator Nevada Division of Insurance
Consumer hotline 775-687-0700
Website doi.nv.gov
Surplus lines tax 3.5%, the same rate as the premium tax on authorized insurers, paid quarterly by the broker on coverage where Nevada is the home state (NRS 685A.180, 680B.027, in effect in 2026), plus a Nevada Surplus Lines Association review fee of 0.4% of the taxable amount (NAC 685A.370)

Laws that shape business insurance in Nevada

  • Defense costs may not erode limits on admitted CGL, commercial auto, personal auto, owner-occupied residence and health care professional liability policies; RRGs and nonadmitted insurers are exempt, NRS 679A.210 (AB 398 of 2023, narrowed by AB 512 of 2025)
  • Per-employee payroll cap for comp premium changed to 12 times the maximum average monthly wage on October 1, 2026, NRS 616B.222 (SB 317 of 2025)
  • Uninsured employers face felony charges when a worker is seriously hurt, NRS 616D.200
  • Principal contractor is the employer of subs' workers for comp, NRS 616A.210
  • Paid leave for employers with 50+ employees, NRS 608.0197

Nevada makes workers' compensation compulsory from the first employee and has had no state fund since it privatized its state system in 2000; private carriers compete for every account. Two Nevada-specific rules change how business policies are built: a cap on the payroll used to compute comp premium, revised on October 1, 2026, and a 2023 statute, narrowed in 2025, that stops admitted insurers from letting defense costs erode the limits on general liability and auto policies.

Workers' compensation requirements

Where an employer has "any employee under a contract of hire," the comp law is "conclusive, compulsory and obligatory upon both employer and employee" (NRS 616B.633). There is no head-count threshold. Household domestic, farm and agricultural workers, casual workers outside the employer's business, licensed real estate agents, clergy and direct sellers working under a qualifying written agreement are excluded (616A.110).

Sole proprietors, a term that includes working partners and members of working associations, are not covered unless they file a written election with the Administrator and a private carrier (616B.659). Corporate officers and LLC managers are covered, at a deemed pay of $6,000 to $36,000 per policy year. An officer or manager who works unpaid, or who owns the company and is paid, may reject coverage by written notice filed with the insurer (616B.624). See can owners and officers exclude themselves from workers' comp?.

Rule Nevada
Who must carry it Every employer with 1+ employee
Construction Subs and their workers are the principal contractor's employees for comp
Exempt employment Domestic, farm, casual, licensed real estate agents, clergy, qualifying direct sellers
Owner opt-outs Sole proprietors and partners out unless they elect; owner-officers and unpaid officers may reject
Penalty Back premiums up to 6 years; misdemeanor, felony if a worker is badly hurt
State fund None since 2000

Construction contracting carries heavy upstream exposure. "Subcontractors, independent contractors and the employees of either shall be deemed to be employees of the principal contractor" for comp purposes (616A.210). A business that hires an independent enterprise in a different line of work is not its employer, but that exception never applies to a licensed contractor (616B.603). Expect the auditor to pick up any sub without a current certificate of insurance; see also independent contractors and workers' comp: the misclassification risk.

If the Administrator finds an employer uninsured, it can charge the premiums the employer would have owed at manual rates for up to six years, plus interest. A first offense is a misdemeanor; it becomes a category C felony, with one to five years in prison and a $1,000 to $50,000 fine, if a worker suffers substantial bodily harm or death while the employer is uninsured, or for a repeat offense within seven years (NRS 616D.200). The Administrator can also order the business to stop operating (616D.110), and an injured employee can sue the uninsured employer as if the comp law did not apply (616B.636).

Nevada has no state fund. The State Industrial Insurance System left state control on January 1, 2000 as Employers Insurance Company of Nevada, now part of EMPLOYERS. NCCI files loss costs, and the Workers' Compensation Section posts NCCI's Nevada notices. An employer no carrier will write goes to the residual market, which NCCI administers through the National Workers Compensation Reinsurance Association; for 2026 the servicing carriers are AmGUARD and Travelers (NCCI administrators; servicing carriers). Under SB 317 (2025), starting October 1, 2026 the maximum payroll counted for any one non-government employee is 12 times the maximum average monthly wage set by the Administrator each January, replacing the old $36,000 cap (DIR FAQ). Higher-paid payrolls will see premium go up as a result. See workers' compensation insurance: how it works and assigned risk and residual markets for workers' comp.

Disability and paid leave mandates

Nevada has no state disability insurance program and no paid family and medical leave insurance program. It does require private employers with 50 or more employees in the state to provide at least 0.01923 hours of paid leave for each hour worked, about 40 hours a year for a full-time employee, usable for any reason; new businesses are exempt for their first two years (NRS 608.0197). That is an employer-paid leave rule, not an insurance program. See state disability and paid family leave programs: every mandate in 2026.

Commercial auto requirements

Every registered vehicle must carry at least $25,000 for bodily injury to one person, $50,000 for bodily injury to two or more people in one crash and $20,000 for property damage (NRS 485.185). Interstate for-hire carriers need at least $750,000 under federal rules; see FMCSA insurance requirements and filings for motor carriers and commercial auto insurance: what it covers and what it leaves out.

The business insurance market in Nevada

Nevada has fewer federal disaster declarations than most states, but earthquake, wildfire and flash flooding are real exposures for property buyers; the most recent major disaster declaration covered winter storms, flooding and mudslides that began March 8, 2023 (DR-4708). Earthquake is excluded from standard commercial property forms and must be bought separately; see earthquake insurance for businesses: coverage, deductibles, limits and wildfire and commercial property insurance: cover, cost and mitigation. NFIP commercial flood limits stop at $500,000 for the building and $500,000 for contents, with the program authorized only through December 11, 2026 (FEMA).

Surplus lines brokers pay tax quarterly at the same rate that applies to admitted insurers (NRS 685A.180), which is 3.5% of premium (680B.027). Brokers also pay the Nevada Surplus Lines Association a review fee of 0.4% of the amount subject to tax on each policy (NAC 685A.370; NSLA FAQ); see surplus lines taxes, stamping fees and diligent search. Nevada has no FAIR plan: none appears among the plans in the Property Insurance Plans Service Office's member list (PIPSO), so commercial property the standard market declines generally goes to the surplus lines market.

Liability law that affects premiums

A plaintiff may recover reduced damages as long as his negligence is not greater than the negligence of the defendants combined (NRS 41.141). Injury suits must be filed within two years, property damage within three and written contract claims within six (NRS 11.190).

The rule most buyers have not heard of is the restriction on "defense within limits," also called eroding or burning limits. Under NRS 679A.210, added by AB 398 in 2023 and narrowed by AB 512 in 2025, an insurer may not issue or renew a policy that reduces the limit of liability by defense costs or otherwise limits coverage for them. It applies only to commercial general liability, commercial auto, personal auto, liability on an owner-occupied primary residence, and health care providers' professional liability. It does not apply to risk retention groups, captives that do not cover third-party liability, or nonadmitted (surplus lines) insurers. It is not a ban on every liability policy: D&O, E&O, cyber and similar coverages can still put defense inside the limit, as can any surplus lines policy. Read the defense provision on each policy; see defense costs inside vs outside policy limits: why it matters.

Insurers based in Nevada

  • EMPLOYERS (Employers Holdings, NYSE: EIG) is headquartered in Reno and wrote $747.5 million in workers' compensation premium in 2025 by NAIC data, focused on small, lower-hazard employers.

Where to get help

  • Nevada Division of Insurance (doi.nv.gov): Carson City 775-687-0700, Las Vegas 702-486-4009. File complaints against insurers and agents through the division's consumer pages.
  • Division of Industrial Relations, Workers' Compensation Section (dir.nv.gov/WCS): Carson City 775-684-7270, Las Vegas 702-486-9080, for employer compliance, the Uninsured Employers' Claim Account and claim complaints.

Confirm your obligations with the section or a licensed broker, and compare states with the workers' comp and benefits requirements by state.

Sources

  1. leg.state.nv.us/NRS/NRS-616A.html
  2. leg.state.nv.us/NRS/NRS-616B.html
  3. leg.state.nv.us/NRS/NRS-616D.html
  4. dir.nv.gov/WCS/Home/
  5. dir.nv.gov/WCS/Contacts/
  6. dir.nv.gov/uploadedFiles/dirnvgov/content/WCS/MedicalDocs/WCS.FAQs.SB317.11.12.25.pdf
  7. leg.state.nv.us/NRS/NRS-608.html
  8. leg.state.nv.us/NRS/NRS-485.html
  9. leg.state.nv.us/NRS/NRS-041.html
  10. leg.state.nv.us/NRS/NRS-011.html
  11. leg.state.nv.us/NRS/NRS-679A.html
  12. leg.state.nv.us/NRS/NRS-685A.html
  13. leg.state.nv.us/NRS/NRS-680B.html
  14. doi.nv.gov/
  15. doi.nv.gov/Consumers/
  16. fema.gov/disaster/4708
  17. floodsmart.gov/get-insured/buy-a-policy
  18. fema.gov/flood-insurance/rules-legislation/congressional-reauthorization
  19. leg.state.nv.us/NAC/NAC-685A.html
  20. nsla.org/Resources/FAQs
  21. ncci.com/Articles/Pages/RM_ResidualMarketAdministrators.pdf
  22. ncci.com/Articles/Pages/RM_Servicing_Carriers-2026.pdf
  23. pipso.com/members/

Requirements were checked against these sources on the review date below. Laws and thresholds change - confirm with the state workers' compensation agency or insurance department.

Profile last reviewed October 24, 2026

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