Is My Personal Injury Settlement Taxable?

Is My Personal Injury Settlement Taxable?

On December 22, 2017, President Trump signed the Tax Cuts and Jobs Act (TCJA) to reduce individual income tax rates, eliminate personal exemptions, and double standard deductions. The 2018 tax season has seen many confusing changes to both corporate and individual tax rates, and the consequences of this act reverting in 2026 has some economic experts reeling at the potential repercussions. In the last few weeks, many of our current and former clients have contacted our firm because they are concerned that changing tax laws will affect their settlements and benefits.  

Fortunately, personal injury settlements, Social Security disability benefits, and most workers’ compensation benefits are not taxable at state or federals levels. These funds were awarded as restitution, and are meant to cover your ongoing medical expenses, loss of earning capacity, and more.

While this is great news, there are a couple additional facts you need to be aware of:

  • You can’t claim your settlement or benefits as “earned income”
  • Your workers’ compensation benefits may prevent you from applying for renter rebates and property tax abatements

Free Tax Assistance Programs

It’s important to contact a CPA, tax attorney, or tax preparation service before the April 15th tax deadline if you have any questions or concerns.

Tax Prep from Vita

The IRS’s Volunteer Tax Assistance program (VITA) is available to any citizens who earned $55,000 or less in 2018, aren’t fluent in English, and/or suffer from a physical or cognitive disability. During your appointment, a VITA volunteer can determine if you qualify for any tax credits and even help you file your tax return electronically – all for free. You can call 1-800-906-9887 to locate the VITA location closest to you.

AARP Tax-Aide

AARP provides free tax assistance and educational resources to anyone “whose needs fall within the training and skills of the preparers.” However, the Tax-Aide website advises that individuals with complex returns or above-average income levels should instead retain the services of a professional attorney or business. Taxpayers are served on a first come, first serve basis, so don’t dally!

Injured by a Negligent Party? Schedule a Consultation Today

Contact the Lexington personal injury lawyers at Goeing Goeing & McQuinn PLLC if you’ve been injured by the actions of a negligent person, business, or government entity. Our experienced legal team is familiar with the personal, physical, and financial challenges commonly associated with a serious injury, which is why we aggressively negotiate and litigate on behalf of our clients. Since our founding, we’ve been able to recover millions of dollars in settlements and verdicts.  

Rely on 40+ years of collective legal experience. Call Goeing Goeing & McQuinn PLLC at (859) 253-0088 to schedule a consultation.


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