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:

• Lost wages (difference between pre-injury and post-injury earnings)
• Reduced earning capacity
• Inability to return to pre-injury job
• Vocational retraining support

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

• 10,838 decisions mention LOE (1987-2026)
• 10.94% of all WSIAT appeals involve LOE disputes
• #3 most common appeal issue (after NEL and permanent impairment)
• Often paired with loss of earnings keyword (9,217 cases, 9.31%)

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:

• Pre-injury: $50,000/year = $4,167/month gross
• Post-injury: $30,000/year = $2,500/month gross
• Wage loss: $1,667/month

Step 2: Apply LOE Formula

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

The 85% figure is confirmed on the WSIB loss of earnings page.

Example:

• Pre-injury: $4,167/month
• Post-injury: $2,500/month
• Difference: $1,667/month
• LOE benefit: $1,667 × 0.85 = $1,417/month

⚠️ The annual maximum — verify this before you rely on it

We have not been able to confirm the 2026 statutory maximum LOE from the WSIB’s own published table. WSIB sets this figure annually and it changes. A figure carried over from last year will be wrong.

Get the current number from the primary source: WSIB — Table of Rates (policy 17-06-01, maximums table). Or call the WSIB Information Line and ask for the current maximum LOE.

Unverified as of 2026-10-04. This page previously stated a specific monthly maximum with no source. We removed the number rather than print one we cannot stand behind.

What we can confirm: LOE is subject to an annual maximum that rises each year, and LOE payments are indexed for inflation.

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:

• Did you actually search for suitable work?
• Are there real job opportunities in your area?
• Do you have the skills/training for deemed jobs?
• Medical evidence supporting functional limitations

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:

• Overtime earnings if regular and expected (not sporadic)
• Bonuses if guaranteed or performance-based (not discretionary)
• Self-employment income if consistently earned

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:

• Did WSIB provide reasonable notice?
• Did you have a valid reason for non-attendance?
• Did you make reasonable efforts to reschedule?
• Is the vocational activity medically appropriate?

Common non-cooperation triggers:

• Missed vocational assessments
• Refused job offers
• Failed to provide earnings documentation
• Declined retraining programs

LOE + Other Benefits

Can You Get LOE AND NEL?

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

Example:

• LOE: $1,200/month ongoing
• NEL: $15,000 lump sum for 20% impairment
• Both paid

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:

• T4 slips (last 2-3 years)
• Pay stubs showing overtime/bonuses
• CRA Notice of Assessment
• Employment contract or offer letter
• Employer letter confirming earnings

WSIB often underestimates:

• Overtime (if regular)
• Tips (if documented)
• Self-employment income (if consistent)

2. Challenge “Deemed Earnings”

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

Your counter-argument:

• Labor market evidence: No jobs available (Indeed, LinkedIn searches)
• Functional capacity: Medical evidence you can’t do deemed jobs
• Skills mismatch: No training or experience for deemed occupations
• Age/education: Barriers to retraining (e.g., age 55+, limited education)

What WSIAT accepts:

• Job search logs (dates, applications, rejections)
• Vocational assessment reports (independent)
• Medical restrictions list (from specialist)
• Expert vocational evidence (e.g., “unrealistic for 60-year-old with Grade 10 to become data analyst”)

3. Prove You’re Cooperating

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

How to avoid:

• Respond to ALL WSIB communications within deadlines
• Attend all appointments (or provide medical reason + reschedule)
• Submit earnings documentation on time
• Participate in return-to-work plans (even if you disagree)

Document everything:

• Keep copies of all correspondence
• Email confirmations of attendance
• Medical notes excusing absences

4. Show Your Job Search Efforts

WSIB expects “reasonable efforts” to return to work.

What counts:

• Online job applications (save screenshots)
• In-person job inquiries
• Networking efforts
• Retraining courses (if approved by WSIB)

What WSIAT will excuse:

• Medical restrictions prevent most jobs
• Age/education barriers (e.g., 62 years old, no computer skills)
• Rural location with limited opportunities
• Employer accommodation failures

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].”

Related WSIAT Patterns

Co-Occurring Issues in LOE Appeals

Based on our 10,838 LOE decision analysis:

• Loss of earnings keyword: 9,217 cases (often same appeals)
• Vocational rehabilitation: 235 cases (retraining disputes)
• Initial entitlement: 1,250 cases (must prove work-relatedness before LOE applies)
• Reconsideration: 6,153 cases (many LOE recalculations)

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

• WSIAT Official Site: wsiat.ca
• WSIB LOE Policy: Policy 18-02-02 (LOE Calculation)
• Legal Aid Ontario: Free legal assistance for low-income workers
• Office of the Worker Adviser (OWA): Free legal representation for workers

Data Sources

This guide is based on:

• 10,838 WSIAT decisions mentioning LOE (1987-2026)
• 99,036 total WSIAT decisions analyzed
• Official WSIAT CSV export from WSIAT Open Data Portal
• Pattern analysis generated April 2026
• Deep-dive co-occurrence analysis: LOE + Loss of Earnings (9,217 cases, 9.31%)

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

Last content review: October 4, 2026

What on this page is verified, and what is not

Being straight about this, because a wrong dollar figure can cost someone an appeal.

Pattern analysis generated April 2026. Content reviewed October 4, 2026.

Next scheduled review: figures with dollar amounts, January 2027