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1.4 Is the compromise and release settlement taxable? Workers' compensation benefits are not taxable. This includes payments an injured worker receives in a Compromise and Release workers' compensation settlement.
Once you sign a compromise and release, your employer is released from all future liability. If the injury leads to a death in this case, your loved ones will not be able to collect benefits as a result of this release as well. Legally binding once a judge approves it.
In addition, if the applicant (employee) has been injured by a third party, both the workers' compensation claim and the third party claim may be settled by means of what is called a "Third Party Compromise and Release." The filing of a Compromise and Release may be deemed the filing of an application.
A Compromise and Release Agreement is a settlement which usually permanently closes all aspects of a workers' compensation claim except for vocational rehabilitation benefits, including any provision for future medical care. The Compromise and Release is paid in one lump sum to you.
In California, the parties have a right to negotiate a Compromise and Release to resolve their claim. These settlements are often effective for both parties. In fact, most workers' compensation claims are now settled through C&Rs. It is important to note that these agreements must be approved by a judge.