When a workplace injury disrupts your ability to earn a living, Washington state’s workers’ compensation (L&I) system offers several types of benefits, including Loss of Earning Power (LEP) compensation. This guide explains what LEP benefits are, who qualifies, how they’re calculated, and why consulting a qualified workers’ compensation attorney can make all the difference in securing the support you deserve.
What Are Loss of Earning Power (LEP) Benefits?
LEP benefits are designed to help injured workers who return to work but earn less than they did before their injury. Unlike time-loss compensation, which supports workers who are unable to work, LEP benefits apply when you’re back on the job on light-duty or transitional work.
If you return to work part-time or in a light-duty role that pays less than your pre-injury wage, LEP benefits can help bridge the gap between your current and former earnings. This ensures that your recovery doesn’t come at the cost of your financial stability.
Who Qualifies for LEP Benefits?
To qualify for LEP benefits in Washington state, you must meet several criteria:
- Medical Certification: Your doctor must confirm that your reduced earning capacity is directly related to your workplace injury or occupational disease.
- Wage Reduction: Your current earnings must be at least 5% lower than your wages at the time of injury.
- Active Employment: You must be working and earning income, whether through salary, wages, or commission.
It’s important to note that if your doctor offers a written light-duty or transitional job and you decline it, you may lose eligibility for LEP benefits.
Examples of Qualifying Work Scenarios
LEP benefits apply in a variety of real-world situations, including:
- Returning to your original job but working fewer hours.
- Taking on a different role with lighter physical demands.
- Performing only some of your previous duties while gradually increasing your workload.
- Using adaptive tools or modified workstations to accommodate physical limitations.
These transitional arrangements are often essential for recovery, but they can also result in lower pay, making LEP benefits a vital safety net.
How Are LEP Benefits Calculated?
LEP benefits are calculated using one of two methods, and you’ll receive the higher of the two:
- 80% of the difference between your date of injury wages and your current wages.
- 1 minus the percentage of your current reduced wages to your date of injury wages times your current time-loss rate.
The Washington State Department of Labor & Industries (L&I) offers an interactive LEP calculator to help estimate your potential benefits.
How Long Do LEP Benefits Last?
LEP benefits continue until one of the following occurs:
- Your L&I claim is closed,
- You return to your full earning capacity, or
- If your injury results in a permanent reduction in earning power, you may be eligible for additional benefits such as:
- Permanent Partial Disability (PPD): A one-time payment for workers who can return to work but with lasting impairments.
- L&I Disability Pension: A lifelong benefit for workers who are permanently unable to work.
- Claim Resolution Settlement Agreement (CRSA): A negotiated settlement that closes your claim in exchange for a lump-sum payment.
LEP Benefits vs. Time-Loss Compensation
It’s essential to understand the distinction between LEP benefits and time-loss compensation:
- Time-loss is for workers who are completely unable to work due to their injury.
- LEP benefits are for those who can work in a limited capacity but earn less than before.
Both benefits are part of Washington’s broader workers’ compensation system, but they serve different needs and are calculated differently.
Filing for LEP Benefits
To apply for LEP benefits, you’ll need to:
- Seek medical attention and ensure your doctor is part of the L&I provider network.
- Notify your employer of your injury.
- File a claim with L&I
- Submit documentation, including wage records, job descriptions, and medical certifications.
Because the process can be complex and documentation-intensive, many workers choose to work with a to ensure their claim is properly filed and supported.
Why Legal Help Matters
Navigating the L&I system can be overwhelming, especially when you’re recovering from an injury. A skilled workers’ compensation attorney can help you:
- Understand your rights and eligibility.
- Gather and submit the necessary documentation.
- Challenge unfair denials or delays.
- Explore additional claims, such as employment law violations or third-party liability.
At firms like, attorneys are uniquely equipped to handle both workers’ compensation and employment law claims, ensuring that no aspect of your case is overlooked.
Common Pitfalls to Avoid
Many injured workers miss out on LEP benefits due to:
- Failing to report their injury promptly.
- Not following up with approved medical providers.
- Declining light-duty work without proper justification.
- Misunderstanding the difference between LEP and time-loss benefits.
Avoiding these pitfalls can significantly improve your chances of receiving the full benefits you’re entitled to.
Protect Your Rights
LEP benefits are a crucial part of Washington state’s workers’ compensation system, offering financial relief to those who can return to work, but not at full capacity. If you’ve been injured on the job and are earning less than before, don’t leave money on the table. Consult a knowledgeable to help you navigate the process and secure the support you need to recover and rebuild.
