Loss of Earning Power (LEP) protection benefits

What to do when you’re injured on the job and even though you’re back at work, you just can’t do your job anymore? If your Labor and Industries claim is still open, you may be eligible for Loss of Earning Power (LEP) protection. LEP applies when you return to work at a lower wage, fewer hours, or a different position, and your pay drops by at least 5% from your pre-injury wages. For most injuries, the LEP benefit is calculated as 80% of the difference between what you were making before the injury and what you are making now. However, the calculations become more complex if you are classified as a high-wage earner, you refused an offer of light-duty when you returned to work, your pre-injury wages were calculated using overtime or multiple employers, or if there are irregularities in your L&I claim. More complex calculations may require additional evidence and more lengthy negotiations with L&I to get the benefits to which you are entitled.