What is the L&I Stay at Work program?
In summary, the WA-SAW program helps employers avoid compensable claims. From my perspective, it is designed exclusively to offer cost-saving measures to employers. However, it is a shortsighted program. In practical terms, it ignores several real-life challenges for work injury claimants. Furthermore, it often causes more harm than good in the long run.
An important issue in my opinion is that L&I exercises very little oversight of employers who take advantage of WA-SAW. Upon returning to work, many clients with work injuries face hostile work environments and excessive criticism of work performance. Many workplace injury victims report that they have difficulty maintaining treatment schedules, resulting in setbacks in progress. However, these issues are largely overlooked. In fact, workplace injury claimants are often blamed and often penalized for various issues that arise. For example, when the employer blames the worker after a light job is not working. This situation may result in termination of time loss compensation benefits.
Make the program fairer to people with workers’ compensation claims
L&I recently announced changes to the WA-SAW program following a Court of Appeals decision. Previously, employers could request reimbursement as of the date they submitted a light duty job description to the L&I claims doctor for consideration. The Court of Appeals ruled that this was not appropriate. Now, employers can only request reimbursement from the date the provider they serve approves light work.
Personally, I think this is a step in the right direction. However, it does not go far enough. For employers to be eligible for WA-SAW incentives, the work injury claimant must: (a) Be limited and unable to perform their regular work due to conditions related to the claim, and (b) Medically authorized to perform light duty by the attending physician. Both the light duty job description and the approval of the servicing provider must be in writing.
Personal perspective
When done the right way and for the right reasons, the WA-SAW program can benefit both employers and workers. But, from my point of view, I often see cases where the employer wants to take advantage of WA-SAW by making a light job offer. Employers often don’t follow the steps they need to take for the offer to be valid.
The decision of the Court of Appeals is a good step. It helps ensure that employers who follow the rules and provide suitable job openings enjoy the benefits of WA-SAW. However, the program still needs a more worker-focused review to make it fair and in the best interest of all parties.
This article was first published at https://tarareck.com/l-and-I-claim-stay-at-work/