Kevin Kampschror, Esq.
Under the law in Nevada, any injured worker who traveled to an authorized
doctor’s office either 1) more than twenty (20) miles one way, or
2) for a total of forty (40) miles or more during a week period shall
be reimbursed for the mileage.
See NAC 616C.150. That reimbursement rate is the same rate the IRS sets for
mileage reimbursement for that particular year. In 2017, the standard
mileage rate set by the IRS is 53.5 cents per mile, down from 54 cents in 2016.
In order to be reimbursed, injured workers must use the mileage reimbursement
form provided by the adjuster (or attorney if you hire one) and submit
the form within sixty (60) days of each trip that qualifies under the
law. The form is called a D-26 – Application for Reimbursement of
Claim Related Travel Expenses. If you do not submit the mileage reimbursement,
the adjuster may deny your request to be reimbursed altogether.
Since you can be reimbursed by law, does the adjuster automatically reimburse
you? No. You have to be the one to submit the form to the adjuster, and
you have to be the one to follow up with the adjuster if you do not see
a reimbursement check. Make sure you keep copies of your mileage forms
that you turn in, as things in workers’ compensation seem to get
lost very easily. Additionally, if you have to contact the adjuster to
follow-up with a reimbursement check, you will want what you requested
handy to look at to assist the adjuster.
If you hire an attorney, which is always recommended in workers’
compensation cases, the attorney will submit the mileage form on your
behalf, as well as follow up with adjuster (including but not limited
to taking them to court), so you do not have to do any of that on your own.