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How to Qualify for LEP Benefits
How to Apply for LEP Benefits
How to Calculate LEP Benefits
How Long Do Loss of Earning Power Benefits Last?
Does FMLA Affect Eligibility?
LEP vs. Time-Loss Compensation

Qualify LEP BenefitsHow to Qualify for L&I — Loss of Earning Power (LEP) Benefits

Your loss of earnings must be greater than 5% of wages at the time of injury. Some examples include:

  • Returning to work for less pay
  • Returning to work at your regular wage but at reduced hours

Furthermore, you must meet the following criteria:

  • Your doctor must certify that your loss of earning capacity is due to your work-related injury or occupational disease. If your doctor approves a written light-duty or transitional job and you choose not to accept the work, you are not entitled to LEP or wage replacement.
  • You must still be working and earning income salary, wages, or commission.

What Are Examples of Light-Duty Jobs?

Light-duty or transitional work can include the following:

  • Working shorter hours
  • Performing some of your original duties part-time, then gradually increasing back to your full-time work responsibilities
  • Performing different duties with lighter physical demands as you transition back to your regular job
  • Adjusting your job or worksite to meet your physical limitations by providing tools, equipment, or the appliances that you need to perform your job as expected by your employer

Concerns about returning to work — and the possible impact on your claim — are normal, but don’t let these concerns stop you from talking to your employer. You can continue to receive treatment for your Washington state L&I claim until you’ve reached maximum medical improvement (MMI).

apply LEP benefitsHow to Apply for Loss of Earning Power Benefits in Washington State

The amount of documentation required for your case depends on how severe your injury or occupational disease is. In most cases, you will need to provide details about your injury, your employment history, and the medical treatment you need or are currently receiving. You will likely require the assistance of an experienced L&I attorney to help you collect all the required documentation. You can apply for loss of earning power benefits on the L&I website.

In order to receive loss of earning power benefits from L&I, there are two very important things that you must do right away, even before a claim is filed:

  • Get medical help.
  • Tell your employer.

If you are injured at work, you have three options to file a Washington State L&I claim:

You must further:

L&I will consider your claim and make the determination based on your personal circumstances. Note that if you work with a self-insured employer (SIE), you must file your claim with them.

A lawyer calculates line items.How to Calculate Loss of Earning Power Benefits

Your LEP benefits are the higher of the two following calculations:

  • 80% of the difference between your date of injury wages and current wages
  • 1 minus the percentage of your current reduced wages to your date of injury wages times your current time loss rate

You can use the L&I interactive LEP calculator to estimate the amount of your benefits. More information regarding LEP calculations can be found in L&I’s LEP Claims Guidelines.

How Long Do Loss of Earning Power Benefits Last?

Effective July 1, 2025, LEP benefits are paid until a claim reaches legal fixity, not just medical fixity. Legal fixity occurs when the Department of Labor & Industries (L&I) or the self-insured employer issues an order closing the claim. Previously, benefits often ended when a worker was deemed medically fixed and stable, but under the updated policy, payments can continue beyond that point if eligibility requirements are met.

Loss of Earning Power Benefits

Does FMLA Affect Eligibility?

No. Any leave you take under the Family and Medical Leave Act (FMLA) should not impact your ability to make a claim for LEP benefits. They are separate claims.

Remember, just as you are entitled to apply for LEP benefits, it’s important that your employer treats you fairly and does not discriminate against you for exercising your FMLA rights. If your FMLA rights have been violated, call Emery | Reddy, PC for a Free Case Review with an experienced Intake Specialist to learn about how our FMLA and Employment and Labor Law Attorneys may be able to help. No fee unless we recover for you.

FMLA affect

LEP vs. Time-Loss Compensation

Loss of earning power benefits are not the same as time-loss benefits. Time-loss benefits, also known as wage replacement compensation , is a partial wage replacement for a Washington state L&I claim and is paid every two weeks while you are not working due to a job injury or an industrial disease.

Loss of earning power benefits apply to workers able to return to work, but only on light-duty. This can be on a part-time basis or at a lower rate of pay.

LEP vs Time-Loss
HOW IT WORKS

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Your Washington State L&I Claim Is Worth More If You Also Have an Employment Claim

A significant number of Washington state L&I claims often involve additional legal claims such as employment or third-party claims. Many people file their claims without seeking representation from an experienced Seattle L&I attorney and thus never discover that, in addition to their Washington state L&I claim, they may be missing out on the ability to file an employment claim or a third-party claim. Pursuing additional legal action with the help of an experienced Seattle workers’ compensation and L&I attorney has the potential to significantly increase a claim’s overall compensation. At Emery | Reddy, our experienced Attorneys practice both Employment and Labor Law as well as Workers’ Compensation Law, which means we will investigate all aspects of your claim to make sure you aren’t missing out on any potential benefits.

What Is an Employment Claim?

Many injured workers find that their employer has taken, or plans to take, adverse action against them because they filed an L&I claim or they are out of work. You can file a lawsuit against your employer for several reasons, including retaliation, wrongful termination, discrimination, or unpaid wages. An L&I attorney who is experienced in both L&I — Workers’ Compensation Law and Employment and Labor Law can help you with your Washington state L&I claim while simultaneously filing a federal or state law claim for the violation of workers’ rights by your employer.

What Is a Third-Party Claim?

A third-party claim is one in which someone other than your employer or co-worker is responsible for your injury. If you have been injured on the job due to someone else’s actions or negligence, you may be entitled to additional compensation through a third-party claim, which combines your Washington state L&I claim with a personal injury claim using the same facts.

Unlike workers’ compensation payments, there is no limit to the amount of compensation an injured worker may seek in third-party damages. Third-party claims are private matters and are typically litigated directly with the Washington State Superior Court.

Who Is at Fault for a Workplace Injury?

L&I is a no-fault system, ensuring compensation for any industrial disease. However, if a third party is involved in causing your illness, you may be able to pursue legal action against them for additional compensation under third-party claims.

How Do I Know If I Have a Strong L&I Claim?

If you have a Washington state L&I claim or wonder if you qualify for LEP benefits, ask yourself the following:

If any of the above apply to you, Emery | Reddy may be able to help.

Navigating a workers’ compensation claim can be difficult and very time-consuming, especially when you’re ill or injured. You want to focus on healing and make sure your bills are paid, but if you don’t file things properly or on time, your health, home, and job could be in jeopardy. Many individuals miss out on much-needed L&I benefits because they don’t understand what to do or how to get the most compensation for their injuries. If you are experiencing any challenges in your case, a workers’ compensation attorney can assist you. By contacting Emery | Reddy as soon as possible after you’ve been injured, we can help you avoid the common pitfalls of filing and navigating an L&I claim. Our Seattle L&I Attorneys are here for you every step of the way.

Emery | Reddy Can Help You with Your L&I Claim

Emery | Reddy is the only law firm in Washington state that is equipped to provide comprehensive representation on your case from every angle. Our Seattle L&I Attorneys thoroughly assess every case to determine if our clients have additional claims, and at times this can extend far beyond the underlying workers’ compensation claim.

If you have been injured in the workplace, call Emery | Reddy today for a Free Case Review with an experienced Intake Specialist to learn more about how we may be able help you. No fee unless we recover for you.

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