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Are Workers Compensation Benefits Taxable in New York?

Whether Workers' Compensation Benefits are taxable in New York depends on certain facts, and each case is different. In general, Workers' Compensation Benefits are not taxable at the Federal, State, and Local level.

However, there is a very unfortunate exception when non-taxable Workers' Compensation Benefits become taxable.

When you receive both Social Security Disability and Workers Compensation benefits then Social Security benefits are taxable to a certain extent. If you receive both Social Security disability benefits and Workers Compensation, then Social Security may be reduced by a certain amount due to your receipt of Workers Compensation benefits (you can only receive up to 80% of your pre-disability earnings form both sources, otherwise, Social Security reduces its benefits).

If this is your situation, then the IRS will tax you on the FULL amount of the Social Security benefit, even if it has been reduced by Workers Compensation.The Internal Revenue Service (IRS) has confirmed this in its widely used Publication 17 that helps explain a multitude of issues, including the Workers Compensation Benefit Non-Taxability:

"Amounts you receive as workers' compensation for an occupational sickness or injury are fully exempt from tax if they are paid under a workers' compensation act or a statute in the nature of a workers' compensation act. The exemption also applies to your survivors. The exemption, however, does not apply to retirement plan benefits you receive based on your age, length of service, or prior contributions to the plan, even if you retired because of an occupational sickness or injury."

"If part of your workers' compensation reduces your social security or equivalent railroad retirement benefits received, that part is considered social security (or equivalent railroad retirement) benefits and may be taxable. For more information, see Publication 915, Social Security and Equivalent Railroad Retirement Benefits."

Therefore, it is always in your best interest to consult with your tax professional, but be assured, your workers compensation is non-taxable (whether weekly payments, lump-sums, or medical payments).

Contact Us For a Free Consultation to Answer Your NY Workers Compensation Questions

If you have questions or want to know if you are receiving the right information regarding your workers compensation payments, contact Markhoff & Mittman for a free consultation from one of our experienced New York Workers Compensation attorneys. We can answer your questions and arm you with the facts. Call us today at 855-614-4351.

Brian M. Mittman
New York Disability and Workers Compensation Lawyer

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