State of Illinois Levy or IRS Wage Levy - Is Workman's Compensation Leviable? - DWK Tax Group

US-WIDE, US-wide - May 17, 2013 - PRLog -- Workman's compensation payment are a direct result of a personal injury that took place while on the job, causing time in loss wages, temporary or permanent disability. Amounts received as a direct disbursement a is fully exempt so long as the payment is covered by the workman's compensation act or statute in the nature of the workman's compensation act. Survivors are also eligible to claim the exemption, but the exemption does not apply to the retirement benefit plans you acquire based on length in time of service, age, prior contributions to the plan, even if you retired due the occupational injury or sickness.

Court awarded settlements consider the following as ordinary income or a capitol gain depending on the nature of the underlying claim.

1) Collected interest on any award

2) Wages lost both present and future

3) Punitive damages, in most cases,  it does not matter whether the damages are for personal injury or sickness

4) Pay out received in settlement of pension rights

5) Damages for: Patent or copyright infringement, breach of contract or interference with business operations

6) Back pay and emotional distress received

7) Attorney fees and cost where underlying recovery is included in gross income

Do not include compensatory damages for personal injury or sickness regardless of how you received the payment, lump sum or in installments

The above information is referenced via IRS Pub 525.

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