Understanding Tax Exclusions for Personal Injury Damages: What You Need to Know on Tax Day

W. Neal Hollington
W. Neal Hollington

Apr 16, 2024

3 minute read

Premises Liability

It's tax day, and amid the flurry of receipts, forms, and calculations, here's a piece of good news: damages paid on account of personal injury are not taxable. Yes, you read that right. Even lost wages due to personal injury are exempt from income tax.

Under Section 104(a)(2) of the U.S. Tax Code, "the amount of any damages (other than punitive damages) received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal physical injuries or physical sickness" is not subject to taxation. This provision encompasses a wide range of compensatory damages arising from personal injuries or illnesses, ensuring that individuals don't have to pay taxes on the financial recoveries they receive to compensate for their physical suffering.

However, there's a common misconception among some attorneys and taxpayers that lost wages might be taxable. The truth is, all damages paid on account of personal injury, excluding punitive damages, are exempt from income tax.

But don't just take my word for it. Let's delve into a landmark case that solidifies this principle: C.I.R. v. Schleier, as decided by the U.S. Supreme Court in 1995.

In this case, the Court provided clarity on what constitutes damages "on account of personal injuries." Imagine a scenario where a taxpayer is involved in an automobile accident, sustaining injuries that result in medical expenses, lost wages, and intangible damages like pain, suffering, and emotional distress.

If this taxpayer settles a lawsuit arising from the accident for, say, $30,000, the entire amount would be excludable under Section 104(a)(2) of the Tax Code. The medical expenses directly related to the injuries are unquestionably considered damages received "on account of personal injuries." Similarly, the portion of the settlement allocated to compensate for pain and suffering falls under the same category.

Now, let's focus on lost wages. The Supreme Court clarified that even lost wages due to personal injury are excludable as they are considered to be "on account of personal injuries." This exemption applies as long as the lost wages resulted from the period during which the taxpayer was unable to work due to their injuries.

In essence, the Tax Code provides a comprehensive exclusion for damages paid on account of personal injuries, ensuring that individuals aren't burdened with additional tax liabilities when they are already dealing with the physical, emotional, and financial repercussions of an injury.

Understanding this tax exclusion is crucial for both taxpayers and attorneys involved in personal injury cases. It ensures that settlement negotiations and agreements accurately reflect the tax implications for the injured party, allowing them to receive fair compensation without worrying about the taxman knocking on their door.

Moreover, this tax exemption serves a vital societal purpose by providing financial relief to individuals who are already grappling with the consequences of personal injuries. It recognizes the inherent injustice of taxing individuals on the compensation they receive for their suffering and seeks to alleviate their financial burdens during challenging times.

As tax day rolls around each year, it's essential to remember this important provision of the Tax Code, especially for those who have suffered personal injuries and are seeking compensation through legal means. By understanding the tax implications of personal injury damages, individuals can navigate the complex terrain of taxation with confidence, knowing that they are entitled to receive the full measure of compensation they deserve.

In conclusion, on tax day and beyond, let's remember that damages paid on account of personal injury, including lost wages, are not taxable under the U.S. Tax Code. This critical provision ensures that individuals receive fair and just compensation for their injuries without the additional burden of taxation.

The information provided on this website is for general informational purposes only and should not be construed as legal advice or legal opinion. You should not act or refrain from acting on the basis of any information provided on this website without seeking legal advice from an attorney.