Nevada Revised Statutes Title 53. Labor and Industrial Relations § 616B.636. Actions at law by employees

1. If any employer within the provisions of NRS 616B.633 fails to provide and secure compensation under chapters 616A to 616D, inclusive, of NRS, any injured employee or the dependents of the employee may bring an action at law against the employer for damages as if those chapters did not apply.

2. The injured employee or the dependents of the employee may in such an action attach the property of the employer at any time upon or after the institution of the action, in an amount fixed by the court, to secure the payment of any judgment which is ultimately obtained. The provisions of chapters 31 and 71 of NRS govern the issuance of, and proceedings upon, the attachment.

3. In such an action, the employer does not escape liability for personal injury or accident sustained by the employee, when the injury sustained arises out of and in the course of the employment, because:

In such cases it is presumed that the injury to the employee was the result of the negligence of the employer and that such negligence was the proximate cause of the injury, and the burden of proof rests upon the employer to rebut the presumption of negligence.