Do you know what you’re entitled to when dealing with workers’ compensation? Did you know many people are unaware of the mileage reimbursements they may be eligible for?
Distressed claims adjusters sometimes neglect to provide injured workers the required reimbursement for their medical appointments. In addition, adjusters might also fail to pay you for miles travelled during your job-related activities.
In this article, we’ll discuss if a worker’s compensation adjuster must pay someone mileage reimbursements and how much those benefits should cover.
What is Mileage Reimbursement in Workers’ Compensation?
Mileage reimbursement in workers’ compensation is a type of payment to individuals who were injured while on the job and must travel to receive medical treatment for their injuries. Mileage reimbursements may cover mileage expenses incurred as part of regularly scheduled doctor or therapy visits, or for traveling for other appointments related to a worker’s injury. It can also cover additional costs such as tolls, parking fees and ferry tickets.
In most states, employers are legally required to provide reimbursement for any mileage accrued during the course of a workers’ compensation claim. An adjuster is responsible for calculating the correct amount of wages owed, including any applicable mileage reimbursements. It’s important to note that different states have different rules about what qualifies for mileage reimbursement, so it’s a good idea to research your state laws before submitting claims.
Must a Workers’ Compensation Adjuster Pay Me Mileage Reimbursements?
The answer to this question is not a straightforward yes or no. The workers’ compensation adjuster may or may not be required to pay you mileage reimbursements, depending on the specific circumstances of your case.
If your job requires you to travel for work-related purposes, such as attending doctor’s appointments, having therapy, or going to any medical appointment that is ten or more miles away from your home (or business if you are going from work) then you are entitled, by law, to be reimbursed for that trip.
However, if the travel is not directly related to your job duties, then the adjuster may not be required to pay mileage reimbursements.
It’s important to review your state’s workers’ compensation laws and regulations to determine the specific requirements for mileage reimbursements. Additionally, you should keep detailed records of your mileage and any related expenses, such as gas or tolls, to support your claim for reimbursement.
How Much Would I Be Reimbursed?
If you are a worker who has to travel for work-related purposes, you may be entitled to mileage reimbursement from your employer or workers’ compensation insurance carrier. The amount of reimbursement you receive will depend on various factors, including the distance traveled, the mode of transportation used, and the current IRS mileage rate.
In general, the IRS sets a standard mileage rate each year, which is used to calculate mileage reimbursement for business-related travel. Currently, the standard mileage rate is $.565 per mile.
However, it’s important to note that not all types of travel may be reimbursed at the full standard mileage rate. For example, if you are using your personal vehicle to commute to and from work, you may not be eligible for mileage reimbursement. Similarly, if you are traveling for personal reasons during a work trip, you may only be reimbursed for the portion of the trip that was work-related.
Ultimately, the amount of mileage reimbursement you receive will depend on the specific circumstances of your case. In our experience, most workers’ compensation adjusters check the mileage with an online map system like Google Maps or Mapquest.
What Happens if Your Adjuster Refuses to Reimburse You Fairly?
Unfortunately, we’ve seen numerous instances where workers’ compensation adjusters use inaccurate addresses to “prove” the trip is just less than ten miles. This happens most often if you live in a rural area. If your actual residential address doesn’t register on, say, Mapquest then an online request for directions will likely show the directions — and the mileage — from the center of your town. That obviously makes a big difference. Does the workers’ compensation adjuster know this is inaccurate? Of course, but it is your obligation to prove it to her.
We’ve also heard of workers’ compensation adjusters telling injured workers that the request for reimbursement must be done within a certain time frame – once as short as two business days – but that’s not true. As a practical matter if you wait and submit a year’s worth of mileage reimbursements at one time the workers’ compensation adjuster might squawk about it but there’s nothing she can do to legally object to it under North Carolina workers’ compensation law.
If your employer refuses to reimburse you for mileage related to a workers’ compensation claim, you can take action to ensure that you receive the compensation you are legally entitled to. First, you should review your state’s workers’ compensation laws to determine if mileage reimbursement is mandatory. In many states, employers are required to reimburse employees for any expenses incurred as a result of a work-related injury or illness, including mileage.
After which, you should speak to a workers’ compensation attorney. They can advise you on the best course of action to take, which may include filing a complaint with your state’s labor department or filing a lawsuit against your employer.
It’s important to note that retaliation by your employer for seeking reimbursement is illegal and can lead to further legal action. If you believe you are being retaliated against, document any incidents and report them to your attorney.
In summary, if your employer refuses to reimburse you for mileage related to a workers’ compensation claim, it’s important to know your legal rights and take action to ensure that you receive the compensation you deserve.
