If you’ve been injured on the job in Washington state and are now earning less than you did before your injury, you may be entitled to Loss of Earning Power (LEP) benefits. At Emery | Reddy,PLLC, our experienced legal team helps injured workers navigate the complex world of workers’ compensation. Our firm can help you receive the benefits to which you are entitled after your workplace injury, and LEP benefits are one of the most overlooked forms of support.
In this post, we’ll break down what LEP benefits are, who qualifies, how they’re calculated, and why working with a skilled workers’ compensation attorney can help you get the full benefits you deserve.
What Are LEP Benefits?
An injured worker can return to their job under loss of earning power (LEP) benefits with a doctor’s medical clearance. If you are unable to perform your previous responsibilities, you may be assigned fewer hours, light-duty, or a completely different role that pays less. LEP benefits help make up the difference in your income so you can focus on recovery without sacrificing financial stability.
Unlike time-loss compensation, which supports workers who can’t work at all, LEP benefits are for those who are back on the job but not at full earning power.
Do You Qualify?
To be eligible for LEP benefits, you must meet a few key criteria:
- You’re working but earning at least 5% less than your pre-injury wages.
- Your doctor confirms that your reduced capacity is due to your workplace injury.
- You’re medically cleared for light-duty or modified work.
- You are still working and earning income salary, wages, or commission.
- You are working less hours than you were prior to injury.
If your employer offers a light-duty job and you turn it down without a valid reason, you could lose your eligibility. This is why it’s so important to understand your rights and responsibilities, and to have a legal team that can guide you through the process.
Real-Life Scenarios Where LEP Applies
LEP benefits can apply in a wide range of situations, including:
- You’re back at your old job but working fewer hours.
- You’ve been reassigned to a part-time position while gradually increasing back to your full-time responsibilities.
- You’re performing modified duties with lighter physical demands.
- You’re using assistive tools or accommodations that limit your productivity.
How Much Can You Receive?
LEP benefits are calculated using two methods, and you’ll receive the higher amount:
- 80% of the difference between your pre-injury and current wages.
- A formula based on your time-loss compensation rate and the percentage of your wage loss.
Need help estimating your benefits? The Washington State Department of Labor & Industries offers an LEP calculator.
How Long Do LEP Benefits Last?
LEP benefits continue until:
- Your claim is closed, or
- You return to your full earning capacity
If your injury causes long-term limitations, you may also qualify for:
- Permanent Partial Disability (PPD) award,
- L&I disability pension, or
- A claim resolution settlement agreement (CRSA).
Emery | Reddy can help you explore all your options and ensure you’re not leaving money on the table.
LEP vs. Time-Loss: What’s the Difference?
Here’s a quick breakdown:
- Time-loss compensation is for workers who can’t work at all.
- LEP benefits are for workers who can work but earn less than before.
Both are part of Washington’s workers’ compensation system, and both require careful documentation and legal insight to secure.
Filing for LEP Benefits: What You Need to Do
To apply for LEP benefits, you’ll need to:
- Get medical documentation from an L&I-approved provider.
- Notify your employer about your injury.
- File a claim with L&I.
- Submit wage records and job descriptions to show your reduced earning power.
This process can be time-consuming and confusing, but you don’t have to do it alone. Emery | Reddy’s legal team is here to help every step of the way.
Why Choose Emery | Reddy?
At Emery | Reddy, we’re more than just workers’ comp lawyers. We’re a full-service legal team that combines workers’ compensation, employment law, and third-party injury claims under one roof. That means we can look at your case from every angle and fight for the maximum compensation you’re entitled to.
Our attorneys have helped thousands of Washington workers recover lost wages, secure medical care, and protect their rights. We know the L&I system inside and out, and we’re ready to put that knowledge to work for you.
Don’t Miss Out on the Benefits You Deserve
Too many injured workers miss out on LEP benefits because they don’t know they exist, or because they don’t have the right legal support. Don’t let that happen to you.
If you’ve been injured on the job and are earning less than before, contact Emery | Reddy today. Our experienced Workers’ Compensation Attorneys will review your case, explain your options, and help you get the benefits you need to move forward.
