Almost always, the answer is NO!!! Generally speaking, Workers' compensation benefits are currently not subject to federal income taxation. However, if your workers' compensation benefit reduces your Social Security Disability benefit, the portion that reduces is considered Social Security for taxation purposes. One of the justifications for workers compensation benefits being only 66 2/3% of your regular wage is that they are tax exempt.
If an injured worker has specific questions about this matter, we recommend you contact the Internal Revenue Service or your tax advisor.
Snow, Carpio, and Weekley are attorneys with offices in
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