When a claim is accepted, almost all insurers include a form that has a brief explanation of benefits available under Nevada workers' compensation law. There is a lot of information included, and it is in fine print. Very few injured workers bother to read it. However, it does state that an injured worker must send in mileage reimbursement requests within 60 days of incurring the mileage.
If the injured worker sends in a mileage reimbursement request at the end of the claim, only the mileage travelled within the last two months will be reimbursed. Adjusters will not remind injured workers who forget to send in reimbursement requests that that the request should be sent every 60 days.
I tell my clients to try to send in reimbursment requests every month, using one reimbursement request form for each week in which mileage was over 40 miles in one week. (Mileage qualifies for reimbursement if you travel more than 20 miles one way for medical care. Alternatively, it qualifies for reimbursement if you travel more than 40 miles in any given week going to and from medical care.) If you send in mileage reimbursement forms each month, the adjuster only has to process one mileage check a month. It is also easier for you to keep track of what has been reimbursed. If you need more forms, click here to access the form.
--Written by Virginia Hunt, Hunt Law Office
Effective January 1, 2013, the mileage reimbursement payable pursuant to NRS 616C.150 is increased one cent per mile from 55.5 cents to 56.5 cents.
The rules for reimbursement remain the same. If you travel more than 20 miles one way for authorized medical care (including therapy, diagnostic testing, office visits to the doctor), you should complete the reimbursement form. You also qualify if you must travel more than 40 miles in a given week for medical care. Group your visits on the reimbursement form by the week so that the adjuster can easily see that you qualify. Use map quest to calculate your mileage from your home or work to the medical provider. Do not wait until the end of your claim to send in the reimbursement request forms. The reimbursement request form must be sent in within 60 days of your qualifying travel. keep a copy of the form that you send to your adjuster. Give the adjuster at least two weeks to send a reimbursement check to you.
There's good news and bad news. The good news is that effective July 1, 2011, the mileage reimbursement rate for using your car to go to and from doctors and physical therapists visits increased from 51 cents per mile to 55.5 cents per mile. Injured workers must have traveled more than 20 miles one way for medical care, or alternatively, have traveled a total of 40 miles or more during a week time period to qualify for reimbursement. (NAC 616C.150.) Use a mileage reimbursement form to send to your adjuster (or forward it to my office if you are already a client and we will take care of it for you). Don't wait until the end of your claim to turn in these forms. They must be sent in within 60 days of your qualifying trips.
The bad news for injured workers is that the state's maximum average monthly wage for injuries occuring after July 1, 2011 has been decreased slightly again for the second year in a row. This is the figure that is used to calculate lost time compensation benefits and the permanent partial disabilit award. The most an injured worker can collect for being disabled each month on new claims is $3,434.38. That means that if an injured worker is making high wages at the time of her accident after July 1, 2011, she will get far less than 2/3 of her average monthly wage if she is off work and entitled to temporary total disability benefits. Her final award for a permanent impairment will be less also.
Tip If you aren't receiving maximum compensation benefits, but think you should be, take advantage of a free consultation with an attorney to review the average monthly wage calculation on your claim. You must do this before you accept a PPD award.
The Division of Industrial Relations announced that efffective January 1, 2011, the mileage reimbursement rate is increased from 50 cents per mile to 51 cents per mile. The rules that apply as to when an injured worker is entitled to claim mileage reimbursement are found at NAC 616C.150- NAC 616C.156. In general, injured workers who travel more than 20 miles one way for treatment, or more than 40 miles in any one week, are entitled to reimbursement. The request for reimbursement must be be on a D-26 form and must be sent to the insurer within 60 days of the dates traveled. Do not wait until the end of your claim to send in all mileage reimbursement requests. Always save a copy of the form you send to the adjuster, and expect to wait at least two weeks for a reimbursement check.