NY Workers' Compensation Mileage Reimbursement: How Many Late Days Can You Accrue?

What Is Mileage Reimbursement in NY Workers' Compensation?

Under New York's workers' compensation law, an injured employee may recover mileage for commuting between home and the workplace if the injury prevents normal travel. The reimbursement is calculated at a set rate per mile and is paid as part of the overall workers' comp benefits. Claims must be filed within 120 days of the injury, and mileage is claimed only for the days the employee could not commute normally.

When Are Late Days Allowed?

"Late days" refer to days after the injury when the employee remains unable to commute. New York law does not impose a separate cap on the number of days that can be reimbursed, but the total claim period is limited to 120 days from the injury date. If the injury or recovery extends beyond that window, the employee must submit a claim for each additional period, and the insurer may require evidence that the employee was still unable to commute.

Key Deadlines for Mileage Claims

• 120‑day claim window from injury date.
• Employer must notify the insurer within 30 days of the injury.
• Employee must submit a mileage log within 30 days of the injury or when the employer notifies the insurer.

Why Timely Submission Matters

Failing to file within the 120‑day window can result in denial of mileage reimbursement. Even if the employee continues to be unable to commute, the insurer may consider the claim late and refuse payment unless the employee can prove the injury persisted beyond the 120 days.

How to Document Late Mileage Days

Maintain a detailed log: date, miles traveled, reason for inability to commute, and any medical documentation. Attach this log to the claim form and keep copies for the insurer. If the injury recovers before the 120 days, document the date of return to normal commute to avoid over‑claiming.

Common Pitfalls and How to Avoid Them

• Assuming mileage can be claimed indefinitely—no, the 120‑day limit applies.
• Not providing medical evidence for continued incapacity—insurers may reject the claim.
• Submitting the claim too late—file within 30 days or risk denial.

What Happens If You Miss the 120‑Day Window?

In most cases, the insurer will deny the mileage portion of the claim. However, if the employee can demonstrate that the injury continued beyond 120 days, a supplemental claim may be accepted. The employee should seek legal counsel or contact the Department of Labor's workers' compensation division for guidance.

Bottom Line

New York workers' compensation mileage reimbursement does not set a hard cap on late days, but the 120‑day claim period is strict. File logs early, keep medical records, and act within the deadlines to secure the reimbursement you are entitled to.