By mileage reimbursement, I am going to assume that you mean an injured worker's (claimant) right to reimbursement for the cost of traveling to or from medical treatment and testing, including picking up prescription medications (although not for traveling to or from depositions, mediations, hearings, etc.). In Florida, there is no official mileage reimbursement rate. There used to be a Florida statute stating that when an injured worker used his private automobile for traveling to and from medical treatment and testing, it was presumed that he should be reimbursed the amount the State of Florida reimburses state government employees on government business travel. That law was repealed (deleted) in 1994. Now the burden is on the claimant to prove the actual cost per mile of operating his vehicle on such trips and that is very difficult to do. As a result, most of the insurance carriers still pay the claimant's travel reimbursement based upon the amount set forth in Florida Statutes for government employee travel which is currently $0.445 per mile. However, if the claimant can prove that his particular vehicle reasonably costs more per mile to operate than that, he may be able to get his actual cost reimbursed. One Florida appellate case has held that the insurance carrier only has to pay the amount that is the most reasonable and economical method of travel so that if for example, the mileage rate for personal vehicle would be more than a taxi would charge, the insurance carrier only has to pay what the taxi would charge. See, Mills v. Walden-Sparkman, Inc. 493 So.2d 64 (Fla. 1st DCA 1986).
Dennis A. Palso
Florida Bar Board Certified
Workers’ Compensation Attorney
Disclaimer: the above does not constitute legal advice and is only an opinion of the author as to current law. You should consult an attorney with questions about your particular situation.
As an aside to the very good answer above, be certain that you are documenting the exact mileage to and from the medical provider. I would recommend using mapquest or google maps to verify the actual mileage from your home to the facility, since that is what an adjuster may use to verify the amount claimed. I have seen many good cases denied on the basis of Fraud when an injured worker submits excess mileage for reimbursement.
It is always good to Mapquest your trips and submit meticulous records to and from the health care providers. Attach the Mapquest proof to your submission.
This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.