Statutory Guidelines [Appendix A(1) IRC 104] regarding compensation for injuries or sickness under workmen's compensation acts, damages (other than punitive damages), accident or health insurance, etc. as stated in the guidelines.
Hennepin Minnesota Compensation for Injuries or Sickness IRS Code 104
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The IRS has defined personal physical injury or sickness requires an observable bodily harm such as bruising, cuts, swelling and bleeding. See IRS Private Letter Ruling 200041022. In contrast, emotional distress generally includes any physical or psychological distress.
Any weekly WorkCover payments you receive are treated as your income and therefore taxable.
Pursuant to the Income Tax Assessment Act, personal injury lump sum compensation payments are not considered to be assessable income. You do not have to record your personal injury compensation payment in your income tax return as taxable income.
Damages for emotional distress on account of physical injuries or sickness are excludable by IRC § 104(a)(2). However, costs incurred to treat emotional distress, even those due to physical injury, are taxable if they were previously deducted as a medical expense in a prior year.
Settlement money and damages collected from a lawsuit are considered income, which means the IRS will generally tax that money. However, personal injury settlements are an exception (most notably: car accident settlements and slip and fall settlements are nontaxable).
Section 104(a)(1) of the Code provides that gross income does not include amounts received under workmen's compensation acts as compensation for personal injuries or sickness.
Under § 105(a), amounts received by an employee through accident or health insurance for personal injuries or sickness must be included in gross income to the extent such amounts (1) are attributable to contributions by the employer which were not includible in the gross income of the employee, or (2) are paid by the
Section 104(a) provides an exclusion from gross income with respect to certain amounts described in paragraphs (b), (c), (d) and (e) of this section, which are received for personal injuries or sickness, except to the ex- tent that such amounts are attrib- utable to (but not in excess of) deduc- tions allowed under