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Stay at Work is a new financial incentive that encourages employers to bring their injured workers quickly and safely back to light-duty or transitional work by reimbursing them for a portion of their costs.
Eligible employers can be reimbursed for 50% of the base wages the employer paid to the injured worker and for some of the cost of training, tools or clothing the worker will need to do the light-duty or transitional work.
The purpose of the new incentive is to encourage more employers to return their injured workers to light-duty or transitional jobs with the doctor's approval. This medical best practice can help the worker recover, and it also can reduce costs for the employer.
I'm eligible and I want to apply now
Hear first-hand from our Stay at Work experts:
For questions or to schedule a presentation to your organization:
If my worker has an occupational disease, am I eligible for reimbursments?
You may be eligible if you:
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.
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.)
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.
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 job, Stay at Work may pay for the following:
Will L&I reimburse me for Stay at Work expenses I incurred before the legislation was signed on June 15, 2011?
No. However, if you already had a recovering worker performing light-duty or transitional work on June 15, 2011 and meet all of the above requirements, you could apply for Stay at Work costs you incurred on June 15, 2011 or after for that worker's claim.
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 I have to get the light-duty or transitional job approved by the 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.
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:
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 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.)
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.
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 Return-To-Work 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.
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 job 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 place you in any job that requires you to perform activities that your attending health care provider has not approved. If this happens, you should contact your claim manager.
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