Visitor Question

How does workers comp work with mileage reimbursement?

Submitted By: Linda (Florida)

I’m on workers comp after a slip and fall. My wages include mileage reimbursement which equals roughly half of my pay. Should I be getting paid for lost mileage (which is essentially my pay)?

Also, I am currently working in the office which is a higher paying position but I am still being paid my previous position’s wages. Should they be paying me the higher office wages? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Linda,

Question: Is the State of Florida required to reimburse an injured party for mileage directly related to her recovery?

A: The State of Florida Workmans Compensation statute does not require enrolled employers to pay any amount for mileage reimbursement. In Florida the decision to pay or not is left to the employer.

Massachusetts and California are the only two states where Workmans Compensation statutes require specific amounts of mileage reimbursement. In your case the reimbursement issue is arguable if you and your employer consider mileage reimbursement part of your salary.

If you can get your employer to commit to the Workmans Compensation insurance representatives that your mileage reimbursement is a specific part of your salary, you may be in a better position to argue for reimbursement for your mileage.

Question: While recovering from an injury covered by Workmans Compensation, if a party is reassigned to a different position suitable for her injuries does the employer have to pay the higher wages paid for the reassigned position.

A: If the reassignment is a temporary one it is arguable your employer does not have to pay you the additional wages which are normally paid for that specific job. If you are reassigned permanently you should be paid the wages appropriate to the new position. Workmans Compensation regulations have no impact on wages paid.

If you are not paid appropriately and wish to contest the issue you should contact the EEC (Equal Employment Commission) and file your grievance with them.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 16, 2011

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