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LOE Benefits Guide: Loss of Earnings at WSIAT

Based on 10,838 WSIAT decisions analyzed (1987-2026) - 10.94% of all appeals

What is LOE?

Loss of Earnings (LOE) is ongoing wage replacement for workers who cannot return to pre-injury earnings due to a workplace injury. It compensates for:

LOE is NOT a lump sum - it’s an ongoing monthly benefit for as long as wage loss continues.

Key Facts from 40 Years of WSIAT Data

LOE by the Numbers

Common LOE Disputes

  1. LOE calculation - Is the benefit amount correct?
  2. Deemed earnings - WSIB says you “should” be earning more
  3. Suitable employment - What jobs are you capable of doing?
  4. Pre-injury earnings - What were you actually earning before injury?
  5. Cooperation failures - Did you fail to participate in return-to-work?

How LOE is Calculated

Step 1: Determine Pre-Injury Earnings

WSIB uses your average earnings for the 12 months BEFORE your injury:

Example:

Step 2: Apply LOE Formula

LOE = 85% of (Pre-Injury Earnings - Post-Injury Earnings)

Example:

Maximum LOE (2026): $6,962/month (updated annually)

Step 3: Ongoing Payments

LOE is paid monthly for as long as you have wage loss (can be lifetime if permanent).

Indexing: LOE is adjusted annually for inflation.

Common LOE Appeal Scenarios

Scenario 1: WSIB “Deemed” You Can Earn More

WSIB decision: “You can work as a cashier earning $35,000/year”
Your reality: No cashier jobs available, or you tried and failed

What WSIAT looks for:

Red flag: WSIB often deems earnings based on hypothetical jobs that don’t exist in your local market.

Scenario 2: Pre-Injury Earnings Were Underestimated

Your position: I was earning $55,000/year (including overtime, bonuses)
WSIB decision: Base salary only = $45,000/year

What WSIAT accepts:

LOE difference: $10,000/year × 0.85 = $8,500/year extra LOE ($708/month)

Scenario 3: WSIB Says You’re “Non-Cooperative”

WSIB decision: “LOE suspended - failed to attend vocational assessment”
Your position: I couldn’t attend due to [medical appointment, transportation, family emergency]

What WSIAT looks for:

Common non-cooperation triggers:

LOE + Other Benefits

Can You Get LOE AND NEL?

YES. LOE is wage replacement. NEL is impairment compensation. You receive both.

Example:

LOE vs. FEL (Future Economic Loss)

FEL = Pre-1990 system (monthly pension)
LOE = Post-1990 system (monthly benefit)

Our data: 7,120 FEL decisions (7.19%) - legacy system still in appeals

How to Win Your LOE Appeal

1. Prove Your Pre-Injury Earnings

What you need:

WSIB often underestimates:

2. Challenge “Deemed Earnings”

WSIB will deem you capable of earning $X/year in “suitable” jobs.

Your counter-argument:

What WSIAT accepts:

3. Prove You’re Cooperating

WSIB’s favorite LOE denial: “Non-cooperation”

How to avoid:

Document everything:

4. Show Your Job Search Efforts

WSIB expects “reasonable efforts” to return to work.

What counts:

What WSIAT will excuse:

LOE Timeline

Standard Processing Times

  1. Initial LOE decision: Within 3-6 months post-injury
  2. LOE recalculation: When earnings change (report monthly)
  3. Reconsideration request: 30-60 days to file
  4. WSIAT appeal filing: 6 months from WSIB decision
  5. WSIAT hearing: 12-24 months after filing
  6. WSIAT decision: 2-6 months after hearing

Retroactive LOE: If you win appeal, WSIB pays back-owed LOE from date of original decision

LOE Red Flags (When WSIB Will Fight You)

High Monthly LOE

LOE over $2,000/month: Expect WSIB to aggressively deem earnings or demand cooperation

Young Workers with Permanent LOE

Age under 40 + permanent wage loss: WSIB will push vocational retraining to reduce LOE

Self-Employment Income Claims

Self-employed pre-injury: WSIB scrutinizes income claims (requires 2-3 years of tax returns)

Refused Modified Work

Employer offered modified duties, you declined: WSIB will deem you earning pre-injury wages (LOE = $0)

LOE Calculation Examples

Example 1: Partial RTW with Wage Loss

Pre-injury: $60,000/year ($5,000/month)
Post-injury: $40,000/year ($3,333/month)
Wage loss: $1,667/month
LOE: $1,667 × 0.85 = $1,417/month

Annual LOE: $17,004/year

Example 2: Total Disability (No Post-Injury Earnings)

Pre-injury: $45,000/year ($3,750/month)
Post-injury: $0
Wage loss: $3,750/month
LOE: $3,750 × 0.85 = $3,188/month

Annual LOE: $38,250/year

Example 3: WSIB Deemed Earnings

Pre-injury: $50,000/year ($4,167/month)
Actual post-injury: $0 (can’t find work)
WSIB deemed: $35,000/year ($2,917/month)
Wage loss (per WSIB): $1,250/month
LOE (per WSIB): $1,250 × 0.85 = $1,063/month

Your appeal argument: Deemed earnings unrealistic → LOE should be $3,542/month (based on actual $0 earnings)

Potential LOE gain if appeal succeeds: $2,479/month = $29,748/year

Sample LOE Appeal Language

Grounds for Appeal Template

“I am appealing the WSIB decision dated [DATE] which determined my Loss of Earnings benefit at [AMOUNT] per month. I believe this calculation is incorrect because:

  1. Pre-Injury Earnings Underestimated: WSIB calculated my pre-injury earnings at $[X]/year, but my actual earnings were $[Y]/year as demonstrated by [T4s, pay stubs, CRA records].

  2. Deemed Earnings Unrealistic: WSIB deemed I can earn $[Z]/year as a [JOB], but I have applied for [NUMBER] similar positions with no offers. Medical evidence shows I cannot perform [SPECIFIC DUTIES] due to [INJURY].

  3. Labor Market Reality: There are no suitable jobs available in my area (population [X], limited [INDUSTRY] opportunities). I have a Grade [X] education and [Y] years experience in [FIELD], which does not transfer to deemed occupations.

I am requesting WSIAT recalculate my LOE based on my actual pre-injury earnings of $[Y]/year and actual post-injury earnings of $[AMOUNT], resulting in a monthly LOE benefit of $[AMOUNT].”

Co-Occurring Issues in LOE Appeals

Based on our 10,838 LOE decision analysis:

Success Rates

Official WSIAT statistics: 65-73% of worker appeals succeed (partially or fully)

LOE-specific patterns: High volume (10.94% of appeals) suggests contentious calculation methodology

External Resources

Data Sources

This guide is based on:

Full analysis: WSIAT Pattern Analysis Report
Deep dive: WSIAT Deep Dive Report

Last Updated: April 29, 2026
Next Review: October 2026