A few states will pay part of an employer's wages when it brings an injured worker back on light duty. For a commercial lines agent with accounts in those states, that is one of the most concrete return-to-work points you can raise: a published, state-run reimbursement that many small employers have never heard of.
This article explains what these programs do, the current terms of Washington's Stay at Work program and Oregon's Employer-at-Injury Program (EAIP), a few related programs, how they fit with state funds and private carriers, and how to bring them up at renewal without overpromising. Figures below come from the state agencies' own pages. They change, so confirm current terms with the agency before quoting them to a client.
A return-to-work subsidy program reimburses an employer for part of the cost of bringing an injured worker back to temporary, modified work while the worker recovers. The common elements:
The policy logic is simple. A worker doing modified work earns wages instead of drawing wage-loss benefits, and stays connected to the job. The state shares the employer's cost to make that offer easier.
Separate from these temporary programs, some states also run preferred worker programs for workers left with permanent restrictions who are hired or kept on in a new job. Those offer different incentives and are covered below.
Washington's Department of Labor & Industries (L&I) runs Stay at Work, which it describes as a return-to-work incentive program for Washington State Fund employers.
L&I reimburses 50% of the basic gross wages paid to the injured worker while working light duty. Base wages exclude tips, bonuses and commissions. The limits depend on the date of injury:
|
Item |
Date of injury before Jan. 1, 2025 |
Date of injury on or after Jan. 1, 2025 |
|
Wages |
50% for up to 66 days worked, max $10,000 |
50% for up to 120 days worked, max $25,000 |
|
Tools and equipment |
Up to $2,500 |
Up to $5,000 |
|
Training |
Up to $1,000 |
Up to $2,000 |
|
Clothing |
Up to $400 |
Up to $1,000 |
Source: L&I's Stay at Work page (lni.wa.gov/StayAtWork). Confirm current figures there before quoting them.
L&I describes Stay at Work as a program for State Fund employers. Washington employers that self-insure their workers' comp are in a different position, and a self-insured client should confirm with L&I's self-insurance program, and its own claims administrator, what if any incentive applies. Do not tell a self-insured client it can file Stay at Work requests without that confirmation.
Washington is one of the four monopolistic states (with North Dakota, Ohio and Wyoming): private carriers do not write Washington workers' comp, so the agent's role there is usually through multistate accounts, stop-gap employers liability, or general advisory work. Our Washington workers' compensation training page covers state-specific training.
Oregon's Department of Consumer and Business Services, Workers' Compensation Division (WCD), runs the Employer-at-Injury Program. Oregon is not monopolistic: employers insure through private carriers, the state-chartered insurer or self-insurance, and EAIP is coordinated through the employer's insurer.
According to WCD's EAIP page:
Participation is optional. The employer asks its workers' comp insurer for EAIP help, or the insurer suggests it. The insurer gets medical information from the worker's provider and helps identify transitional work within the restrictions. Reimbursement requests use the WCD form listed on the EAIP page. Agents should point clients to their insurer's claims or return-to-work staff and to WCD's EAIP page for current forms. Our Oregon workers' compensation training page covers state-specific training.
Few states run a general wage subsidy for temporary light duty. More common are programs for workers with permanent restrictions, and grants or consulting to help employers build return-to-work programs. Verified examples:
For workers left with permanent restrictions from an on-the-job injury that keep them from their regular work. WCD's page lists, for an employer that hires a preferred worker: a three-year premium exemption on that worker's wages (the employer must notify WCD within 90 days of hire), a wage subsidy of 50% of the worker's wages for 183 days, reimbursement to the insurer for a new claim by the worker during the exemption period, and worksite modification reimbursement. Terms and eligibility rules are on WCD's Preferred Worker Program page.
L&I also runs a preferred worker program for workers with permanent restrictions who are hired or retained in a new job. L&I material describes wage reimbursement on terms similar to Stay at Work, with higher limits for newer injury dates, plus claim cost protection for a period after hire. Confirm current terms on L&I's employer incentives pages before quoting them.
Ohio's Bureau of Workers' Compensation (BWC), a monopolistic state fund, has offered transitional work grants that help eligible state-fund employers pay a BWC-accredited developer to build a transitional work program. BWC's materials have changed over time and some older programs were discontinued, so check bwc.ohio.gov for what is currently offered and who qualifies before raising it with a client.
In other states, look in three places: the state workers' comp agency's return-to-work or employer pages, the state fund if there is one, and the client's carrier. Many carriers offer return-to-work consulting and templates even where the state offers no money. Do not tell a client a program exists in their state until you have found it on the agency's site.
|
Setting |
Who runs the incentive |
Agent's practical role |
|
Washington State Fund employer |
L&I, directly with the employer |
Tell the client the program exists, point to L&I's page and checklist |
|
Washington self-insured employer |
Confirm with L&I self-insurance program |
Do not assume eligibility |
|
Oregon insured employer |
WCD, coordinated through the insurer |
Connect the client with the insurer's return-to-work staff |
|
Ohio state-fund employer |
BWC |
Point to BWC's current transitional work resources |
|
Other states |
Carrier resources, state agency programs if any |
Ask the carrier, check the state agency |
For multistate accounts, map each location to its state. A client with a plant in Oregon and a warehouse in Idaho has EAIP for the Oregon workers only. Our overview of return-to-work programs covers the program design side that applies in every state.
A subsidy also does not change the basic rules: the treating provider sets restrictions, the employer decides whether it has work within them, and the claim administrator decides how the return affects benefits under state law.
These programs make a good renewal conversation because they are specific and verifiable. Keep it accurate:
The harder part for most clients is not the subsidy form. It is having someone who can run modified duty well: matching restrictions to tasks, writing offers, coordinating with FMLA and ADA, and keeping records. The Return-to-Work Training & Certification program is an online, self-paced course that teaches those skills, with an optional exam for the Certified Return-to-Work Administrator designation. It is professional training, not state insurance continuing education.
Stay at Work is a Washington L&I return-to-work incentive for State Fund employers. It reimburses 50% of the basic gross wages paid to an injured worker doing light-duty work, plus some costs for tools, equipment, clothing and training. For injuries on or after Jan. 1, 2025, L&I lists up to 120 days worked and a $25,000 wage maximum; older injuries have lower limits. The job description must be approved by the attending provider. Check L&I's site for current terms.
L&I describes Stay at Work as a program for Washington State Fund employers. A self-insured employer should confirm with L&I's self-insurance program and its claims administrator what, if anything, applies to it before assuming eligibility or submitting requests. An agent should not tell a self-insured client it qualifies without that confirmation.
Oregon's EAIP, run by the DCBS Workers' Compensation Division, reimburses the employer at injury for 50% of early return-to-work wages for up to 66 work days in a 24-month period, plus capped amounts for worksite modification, tools, training and clothing. The worker must have a claim and be released with restrictions. The employer asks its insurer for EAIP help, and the insurer helps identify transitional work.
Not directly. A subsidy reimburses part of the wages and expenses of a light-duty job. It does not change premium rates. Bringing employees back to work can reduce time off and claim costs, and claim costs feed experience rating where an account is rated, but no one can promise a premium or mod result. Describe the program accurately and let the claims speak for themselves.
A few. Oregon and Washington both run preferred worker programs for workers with permanent restrictions, and Ohio's BWC has offered transitional work grants to help eligible employers build programs. Many states offer no wage subsidy at all. Check the state workers' comp agency's site, the state fund if one exists, and the client's carrier before telling a client a program exists.
Typically the light-duty job offer or offer date, the job description (approved by the attending provider where required), wage records showing days and hours actually worked on light duty, and receipts for any tools, clothing or training. Each agency publishes its own forms and checklist, and Washington is moving requests to its online My L&I system. Keep records as the work happens rather than rebuilding them later.
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