Navigating Travel/Transportation Under the Workers’ Compensation Act

When a claimant sustains a compensable injury by accident, the employer and carrier are responsible for providing transportation or reimbursing for travel to reasonable, necessary, related, and authorized medical appointments. Typically, claimants will drive themselves to appointments. When this happens, we are responsible for reimbursement of mileage at the Commission’s mileage reimbursement rate. Effective January 1, 2024, the mileage reimbursement rate is $0.67.

What happens when a claimant does not have their own transportation? Based on the circumstances, the Commission has held that reasonable and necessary transportation costs may include “the cost of taxi service, ambulance rides or airplane fare.” Elliott v. Sam Green Vault Corp., JCN VA00001108316 (Oct. 5, 2021). Private transportation services may be arranged. However, ride sharing companies have become increasingly popular and utilized by the public, and claimants, in recent years.

In Medical Mgmt. Int’l & Travelers Indem. Co. of Am. v. Jeffrey, 75 Va. App. 679, 879 S.E.2d 68 (Nov. 1, 2022), the Court of Appeals found the defendants responsible for reimbursement of Uber expenses directly to the claimant when she was unable to drive herself to appointments. The defendants attempted to argue the claimant had a responsibility to notify them about whether transportation to appointments was necessary. The Court noted there is nothing in the Act to support an advance notice or pre-authorization requirement. The Court also noted the defendants failed to show prejudice from the lack of notice that the claimant needed transportation.

While it appears transportation as allowed by the Act is evolving with the times, the Commission has noted that transportation costs must be “reasonable and necessary.” Mabe v. Great Barrier Insulation Co., 70 O.I.C. 288 (1991).

Transportation Tips & Reminders

1. Be aware of current and past mileage reimbursement rates. In recent years, the rates have changed at varying times. Typically, the rates are updated on July 1^st. However, for the past two years, the rates changed on the first of the year.
2. Do not pay mileage reimbursement until it is specifically requested by the claimant. If it is, check over the request to ensure all dates of service were attended, and ensure the proper mileage reimbursement rate is used.
3. Ask about the claimant’s access to transportation during the initial investigation of the matter. If they do not have a way to get to appointments, take the lead and arrange for their transportation to ensure cost-effective means are used. Periodically check in with the claimant, or their attorney, on how the claimant is getting to appointments.
4. Claimants can obtain mileage reimbursement for meetings with their assigned vocational rehabilitation provider and for activities related to searching for light duty work.
5. The carrier is not responsible for mileage associated with marketing, as those costs are associated with the litigation of the claim. The Act does not provide for reimbursement of litigation costs.