A general contractor hires a subcontractor who injures a worker on site. The subcontractor has no workers' compensation insurance. Under Nevada law, who is primarily liable for the claim?
Correct Answer
D) The general contractor
In Nevada, when a subcontractor lacks workers' compensation coverage, the general contractor becomes primarily liable for any workers' compensation claims.
Why This Is the Correct Answer
Under Nevada law, general contractors have statutory liability for workers' compensation claims when their subcontractors fail to carry required workers' compensation insurance. This creates a 'pass-through' liability that makes the general contractor primarily responsible for covering injured workers' claims. The law ensures injured workers have coverage even when subcontractors are uninsured, placing the burden on the hiring general contractor who has control over subcontractor selection and verification of insurance coverage.
Why the Other Options Are Wrong
Option A: The injured worker's health insurance
The injured worker's health insurance is not designed to cover workplace injuries, which fall under workers' compensation law. Health insurance typically excludes work-related injuries, and workers' compensation provides specific benefits like wage replacement and medical coverage that health insurance doesn't offer for occupational injuries.
Option B: The property owner
Property owners are generally not liable for workers' compensation claims unless they directly employ the workers. The liability falls on the employer-employee relationship. Property owners may have other potential liabilities, but workers' compensation responsibility lies with the contractor who controls the work and worker relationships.
Option C: The subcontractor only
While the subcontractor would normally be liable if they had proper insurance, Nevada law specifically shifts primary liability to the general contractor when subcontractors lack workers' compensation coverage. The uninsured subcontractor cannot fulfill their obligation, triggering the general contractor's statutory liability.
Memory Technique
Remember 'GC = Guarantee Coverage' - When subcontractors lack workers' comp, the General Contractor must Guarantee Coverage for injured workers.
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