Stay at Work is a financial incentive that encourages employers to bring their injured workers quickly and safely back to light-duty or transitional work by reimbursing them for some of their costs.
Eligible employers can be reimbursed for:
Watch the short video to see how a Tacoma roofing contractor benefits from Stay at Work:
Hear first-hand from our Stay at Work experts:
For questions or to schedule a presentation to your organization:
If I pay my employees by commission only for the light-duty or transitional work, am I eligible?
No, but you may decide to pay them a base salary during this period in order to qualify for reimbursement. You also may qualify for reimbursement for certain tools, training, or clothing you purchased that was necessary for this particular worker to do the light-duty or transitional work.
If my employee returns to light-duty or transitional work within the first 3 days of injury, am I eligible?
Possibly. To be reimbursed for the first three days, the worker must have been certified by the medical provider as unable to perform their regular job duties for at least the first 14 days following the injury.
If my worker was injured while working part-time or at a temporary/seasonal job, am I eligible?
Yes.
If I have a worker doing light-duty or transitional work who has more than one open and allowed claim, may I be reimbursed from each claim?
Yes, it is possible that you could receive reimbursements for an injured worker with more than one claim, providing you were the employer at the time of injury for both claims and the worker has medical restrictions under each claim. However, L&I cannot reimburse you more than once for a day's work or for the same expense.
Example:
You have an injured worker with a claim for a right-wrist sprain with an injury date of 7-10-2012. The same worker has a second claim for a 8-2-2012 right-shoulder sprain.
You find light-duty or transitional work that does not require the use of the right wrist or arm and this work is approved by the attending health care provider.
You can apply to be reimbursed for 66 days of light-duty under the right-wrist claim and for up to 66 days of light-duty under the right-shoulder claim, as long as you do not apply to be reimbursed for the same dates.
If my worker's claim has been reopened, am I eligible?
Possibly, if you were the worker's employer at the time of the original injury and the worker is working light-duty or transitional work pending the release to the job of injury and the reimbursement request falls within reimbursement limits.
If I'm keeping one of my injured workers on salary while she recovers, may I be reimbursed for 50% of these wages?
Only if your worker is actually working light-duty or transitional work. The program reimburses only for work actually performed.
May I apply to be reimbursed for dates my worker recieved time-loss compensation?
No. A worker cannot recieve wages for work performed and also be eligible for time-loss benefits. (If you become aware that your worker received time-loss for a date he or she worked, please contact the claim manager.)
Why must I get the provider's approval of the light duty or transitional job description before I can qualify for reimbursement by the Stay at Work Program?
The law has always required the employer to give the provider a description of the light duty work and to obtain the provider's approval. Stay at Work legislation did not change the law - the employer must first give the medical provider a description of the light duty work so the provider can release the worker to do that work.
As soon as the provider indicates your injured worker has restrictions, ask the provider to review your light duty job description. In this way, you can ensure the work is medically appropriate for your worker.
If I had to end my injured worker's health care benefits before he returned to light-duty or transitional work, do I still qualify for Stay at Work reimbursements?
No. If your worker was receiving health care benefits on the date of the injury, you must continue them to be eligible for Stay at Work reimbursements, unless - when the worker returns to light-duty - these benefits are inconsistent with the employer's current benefit program for workers.
If L&I hasn't yet allowed the claim, may I still be reimbursed?
No. The claim must be allowed by L&I.
If the allowance of the claim is protested, may I still request reimbursement?
You may submit your request for reimbursement. However, we will not make a decision on whether your request may be allowed or denied until the protest is resolved.
If the claim is closed, can I still apply for reimbursements?
You may apply within 1 year of incurring the eligible expenses. However, L&I can't reimburse you for dates worked or for expenses purchased after claim closure.
If the claim closed before the provider reviewed the job description, will you pay the provider's bill?
No. We cannot pay providers for services, including review of forms, after claim closure.
For questions or to schedule a presentation to your organization:
50% of your injured worker's base wages for the light-duty or transitional work:
If, because of the injured worker's unique needs, the employer must make a purchase so the worker can perform the light-duty or transitional work, Stay at Work may pay for the following:
May I offer my worker light-duty or transitional work more than once during the course of the claim?
Yes, but in order to qualify for reimbursement, the light-duty or transitional work must be performed within the one, consecutive, 24-month time period.
If I or my staff provide in-house training to my injured worker, may I be reimbursed for the training time?
No, but you might qualify for reimbursement of any training materials, such as books you purchased, that were necessary for this particular worker to do the training for the light-duty or transitional work.
What if my worker fails to follow through with the light-duty or transitional job I'm offering or doesn't attend the training I arranged? May I still be reimbursed for my expenses?
Yes, if you bought the item in good faith after you made the job offer and you kept the receipt.
If I decide to make the light-duty or transitional work permanent for this worker, may I still be reimbursed?
Yes, but only up to 66 days or up to the $10,000 reimbursement cap — whichever occurs first in the claim.
For questions or to schedule a presentation to your organization:
For wage reimbursement, you should attach:
Employer: Provide a copy of the description to your worker.
For expense reimbursement, you should attach:
Note: These instructions are on the back of the Stay at Work reimbursement applications.
Do I have to use a particular pay period when I apply for wage reimbursement?
No. You can apply for any time period you choose. Instructions are on the form.
What is meant by "base wage"?
The base wage is the basic hourly wage or salary amount you pay your employee, excluding tips, commissions, bonuses, board, housing, fuel, health care, dental care, vision care, per diem, reimbursements for work-related expenses or any other payments.
Do base wages include overtime pay?
Yes, base wages can include overtime pay.
Do base wages include prevailing wage, shift differential, longevity pay, or higher pay for expertise?
As long as the amount is part of the worker's light duty hourly wage or salary, it is included in the basic hourly wage or base salary.
Is there a difference between the base wage rate used for reimbursement for Stay at Work and the wage rate used to calculate time-loss benefits?
Yes:
Why do I have to submit daily timesheets?
We can only reimburse for dates or hours actually worked, and not for holiday pay, vacation pay, sick leave, or other similar benefits.
My employee is a salaried worker and I don't keep track of the hours he or she works. What pay records do I need to submit?
During the light duty or transitional work you will need to keep a record of the days and hours your employee worked.
We need these records because we cannot reimburse for any days or hours your worker did not actually perform work for you. Also, If the provider limits your injured employee's work schedule while recovering, your records will confirm the employee's work was consistent with the provider's restrictions.
If you are unable to provide documentation of hours worked, we may deny your request.
What does L&I consider to be "one day" of work out of the 66 maximum days eligible for wage reimbursement?
Here are the basic guidelines:
Note: The days that you apply for reimbursement for light-duty or transitional work do not have to be consecutive.
How long do I have to apply for reimbursement?
I'm purchasing a training my injured worker needs to take before starting a light-duty or transitional work. May I purchase this training before the work starts?
Yes, but you must make this purchase on or after the date you offered the light-duty or transitional job to your injured employee. The same rule applies to any other qualifying Stay at Work expense for which you want to be reimbursed.
What happens if the light-duty or transitional work I'm offering my injured worker pays less than her usual job?
Your worker may apply to L&I for Loss of Earning Power (LEP) benefits if the light-duty or transitional work pays less than her usual job. You and your injured worker should contact the assigned claims manager to discuss this process.
Also, you may want to ask your account manager about any impact LEP may have on your rates.
How will I know if my reimbursement request is allowed or denied?
We will notify you by mail.
If L&I denies my reimbursement request, may I protest?
Yes. If you disagree with a decision made by the Stay at Work adjudicator, you have the right to protest and/or appeal the decision in writing. You must send it to L&I within 60 days of the date on the order.
For questions or to schedule a presentation to your organization:
How will I know if my worker can perform light-duty or transitional work for me while recovering?
It will be up to worker's attending doctor or health care provider to approve the light-duty or transitional work you want to offer.
To confirm that the job duties are within the worker's medical restrictions, you will need to give the attending health care provider a written job description that he or she can review. (Instructions on back of form.)
Do I have to get the light-duty or transitional job approved by the health care provider each time I request reimbursement?
No, as long as there haven't been any changes in the worker's restrictions or in the light-duty or transitional work duties.
If I need my employee to perform tasks that exceed their attending health care provider's restrictions, may I still be reimbursed?
No. The light-duty or transitional work performed by your employee must be within the attending health care provider's restrictions.
What if my worker performs work that exceeds the health care provider's restrictions?
You as the employer are responsible for supervising the worker, and you are not entitled to any reimbursement for any day the worker worked outside his or her restrictions.
May I switch my employee to different light-duty or transitional work?
Yes, but any changes to the light-duty or transitional work must be approved by the attending health care provider and you must send L&I this documentation. Also give a copy of the light-duty or transitional work description to your injured worker.
If the attending health care provider changes the worker's restrictions, will I need to submit a new job description to the provider for it to be approved?
Only if the provider has further restricted the worker's permitted activity.
Will L&I help employers identify light-duty or transitional work or a return-to-work program in their workplaces?
Yes. You can contact our Stay at Work outreach staff:
For questions or to schedule a presentation to your organization:
Have any requirements or paperwork changed for health care providers as a result of the Stay at Work program?
No, there are no changes to paperwork or billing procedures. The Stay at Work program provides new incentives for employers, but does not change any of our existing policies or requirements.
But, it will be important for you to complete the work restriction section of the Activity Prescription Forms. Because of this new program, you may see more employers seeking medical approval for your patients to be released for light-duty, transitional jobs.
If my patient thinks his employer has a light-duty, transitional job, what should I do?
Discuss the benefits of early return to work with your patient and encourage him/her to contact their employer and claims manager. We need you to confirm that the worker is unable to do his usual job and describe his or her physical restrictions.
If the employer asks you to review the light-duty or transitional job description for approval, please respond as quickly as possible; it will benefit your patient, and the service is billable.
See how one doctor helped an injured worker recover safely while working in a light-duty, transitional job:
More about:
For questions or to schedule a presentation to your organization:
If I'm receiving time-loss compensation as I recover from my injury, how will this affect my claim?
It won't affect the status of your claim. However, your entitlement to time-loss benefits may be affected if your employer offers you light-duty or transitional work. For example, your time-loss benefits won't be continued if your employer offers you a light-duty or transitional job in writing and your attending health care provider agrees the work is within your medical restrictions.
What if I go back to work with my health care provider's restrictions, and my employer changes my job duties?
Your employer may not assign you any work that requires you to perform activities that your attending health care provider has not approved. If this happens, you should contact your claim manager.
I received a letter from L&I saying they paid some money, but I didn't get a check. Why not?
This is a copy of a letter sent to your employer.
Stay at Work reimburses employers for part of the wages they paid you while you were doing light duty or transitional work for them. When we send your employer a check, we include a letter explaining the payment. We mail you a copy of the letter.
If you didn't do light duty or transitional work for your employer during the dates shown on the order, please contact us in writing within 60 days of the order. We will then review.
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