NRS 616A.455 empowers the NAIW, once appointed by an appeals officer or the administrator of the Division of Industrial Relations (DIR) to represent a claimant before the appeals officer, the administrator, district court or supreme court without fee for attorney service. Also, NAIW may give advice regarding workers' rights and what to do when a determination letter is appealed, and what procedures exist for enforcing those rights. In addition, NAIW may provide advice to injured workers who have been offered a vocational rehabilitation lump sum buy-out since the taking of the buy-out creates a waiver of further vocational rehabilitation benefits.

NRS 616A.450 authorizes either the appeals officer or the administrator of DIR to appoint NAIW to represent an injured worker and, once appointed, NAIW is authorized to represent him/her at any level of proceedings. This includes the enforcement procedure established by the 1995 legislature as a substitute for the abolishment of bad faith tort litigation for improper workers' compensation claims management.

An injured worker who has appealed a determination to the Hearing Office or a Managed Care Organization must be informed of his/her right to appeal and be represented by NAIW. NRS 616C.050. The worker then requests appointment of NAIW and the order of appointment is signed and forwarded to NAIW. Internally then an NAIW attorney is assigned the case, an initial interview is set, and the case preparation begins. NAIW attorneys are bound to the attorney-client relationship just as a privately retained attorney would be. NAIW attorneys handle only workers' compensation matters.

NAIW is funded through employer paid premiums and insurer paid assessments. The fund from these moneys is administered by the DIR and is used to pay its own costs, as well as the costs of the Department of Administration Hearings Division, as well as of NAIW. Thus the entire workers' compensation system is funded by the employers who profit from the limited liability it provides.

The NAIW was initially established by the Nevada Legislature in 1977 as the State Industrial Attorney, and was renamed State Industrial Claimants' Attorney (SICA) in 1988. From 1977 until 1983, injured workers were required to show indigence in addition to making a request for appointment of SICA before being assigned a SICA attorney. However, since 1983, SICA/NAIW has been appointed without any prerequisite finding of indigence. In amending the statutes, the legislature recognized that such a service to injured workers ensured a fair hearing and enabled the appeals officer to sit as an impartial jurist in order to make a fair decision. Hearings were thus procedurally organized with evidence compiled in advance and presented in an efficient manner for administrative adjudication.

SICA was renamed the Nevada Attorney for Injured Workers in 1991 to eliminate any confusion in the mind of any injured worker that his/her attorney may be related in any way to State Industrial Insurance System (now known as the Employers Insurance Company of Nevada).

NAIW from 1977 to 1993 was a stand-alone state agency. In 1993 during the massive state government reorganization, NAIW was included in the new Department of Business and Industry, consumer services section. NAIW has the autonomy required for attorneys to appropriately represent their clients.

In 1989 the legislature added to NAIW's mission, so NAIW has helped many injured workers through the administrative litigation procedure by advising them on hearing procedure and requirements. At first, existing staff handled inquiries one-on-one. Then NAIW caseload increased to more than staff could handle serving both appointed clients and other inquiries, so a pamphlet was developed and periodically revised to help explain the process: Important Points about Your Hearing. It is now distributed in Spanish as well as English to injured workers who call or arrive seeking advice regarding the hearings process. These pamphlets are also available on the web at http://www.state.nv.us/b&i/aiw/. This has enabled NAIW to continue giving advice with the pamphlet and also on an individual basis. The pamphlet gives basic procedural information and sets out necessary elements of proof for some common workers' compensation disputes.

NAIW performs its legal services for injured workers from its two offices: Carson City and Las Vegas. Its Las Vegas staff consists of six attorneys with support staff, as well as the NAIW, Nancyann Leeder. The staff in Carson City consists of the NAIW, and five attorneys with support staff.

The NAIW staff litigation caseload is predominantly at the appeals officer level. NAIW attorneys also handle cases in the state district courts and in Supreme Court. NAIW also handles complaints for non-compliance with workers' compensation statutes and regulations, or orders of the hearing officers, appeals officers, district or supreme courts. NAIW handles hundreds of phone calls and information requests.

The NAIW, Nancyann Leeder, speaks to and visits with groups interested in Nevada's workers' compensation system, and provides information, and answers general questions regarding this state agency and this state system.

Nevada on January 1, 2000 changed from a state fund or self-insurance-only system to one which uses private insurers. NAIW continues to represent injured workers against those insurers who deny benefits the injured workers are entitled to have.

NAIW has provided services to many injured workers to the best of its ability; it will continue to serve Nevada's injured workers through vigorous legal representation and the public through the providing of comprehensive information.