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Loss of Earning Power Benefits

If you have an open L&I Claim for workers’ compensation, and have returned to work, you may be eligible for Loss of Earning Power (LEP) Benefits.

LEP benefits can help make up the difference between what you were making at the time of the injury and now. When your claim is open, if you work part-time or light-duty for less pay than you made at the job you were injured on, you may be able to collect LEP benefits. You can use the Washington L&I LEP Calculator to help determine your possible benefit.

What determines your LEP eligibility?

There are several factors involved in determining eligibility for Loss of Earning Power benefits in Washington state:

  • If the L&I claim is open
  • You have returned to the workforce and are receiving wages
  • Your loss of earnings are greater than 5% of your wages at the time of the injury
  • You have medical certification that verifies your loss of earning power is due to the injury

You may also be entitled to LEP benefits if:

  • You return to work at a lower wage because you are on modified duty
  • You return to work at you regular wage but your hours are restricted as a result of your workplace injury
  • You had more than one job at the time of injury and your injury is restricting you from performing one of the jobs (even if it is not the same job where your injury occurred)

How Long Do LEP Benefits Last?

When your L&I claim closes, or you have returned to your full earning capacity, your LEP payments will end. If you have experienced a permanent reduction in wages as a result of your workplace injury, you may also be able to claim a permanent partial disability award, a pension, or a structured settlement.

If you feel that you are not receiving the LEP benefits to which you are entitled, or that your wage has been permanently affected by your injury, you should contact an L&I attorney at Emery Reddy. Our experienced workers’ comp attorneys will not charge you for a free consultation and can provide you with some good options for proceeding.

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