Pennsylvania Worker's Compensation - Help For Injured Pennsylvania Workers

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  1. #1
    Join Date
    Oct 2008
    Posts
    8

    Default Filing a Tax Return

    Sorry, I don't know if this has been posted before or not, but I can't seem to find an answer for Pennsylvania.

    My dad has been injured since mid 2006. He did file his tax return work that year because he did work, but his workers' compensation was not reported. But he has not filed one for 2007 and 2008. I just wanted to know if we can file a tax return while under workers' compensation.

    I always thought since you don't pay taxes under workers' compensation you are not entitled to get anything back, so I never thought to ask our attorney. My mom knows someone who said that you could file a tax return while receiving workers' compensation. I just wanted to know if anyone has filed a tax return while fully under WC or knows anything about it.

    He is married with 4 children (23,22,20, and 15).
    Last edited by pastash; 04-02-2009 at 05:46 PM.

  2. #2
    Join Date
    Aug 2008
    Posts
    109

    Default Re: Filing a Tax Return

    I don't know much on taxes but w/ a 15 year old, unless your mom filed as head of household, I believe there is money back just for the child under 18, I think $600? per year. Let alone if you guys own your home as well. If mom didn't file as head of household, and you are also owning a house, there is money to get back. As for w/c I don't know if it's still maditory to file as usually manditory is I think an income over 8?k a year? something like that, but with a 15 yr old he is already missing out on 'some' money due to him most likely let alone any MEDICAL out of pocket, and prescriptions. An accountant does not charge much for tax returns especially of this nature, I would discuss it with an accountant instead of doing it yourself. Especially if you haveto go back a year to get past due amounts owed to you.
    Last edited by GBGB; 04-03-2009 at 02:19 AM.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Filing a Tax Return

    The WC benefits are not taxable federal or state.
    But there is a baseline to income that dictates the need to file a return. If you received ANY W-2, or 1099 forms, you could be required to file. If you paid any taxes quarterly, you would file a return.

    There are also benefits/tax credits that you won't receive unless you file the returns.
    If you were eligible for the stimulus package before, and/or the current stimulus, you won't be eligible unless you file a return.

    I always thought since you don't pay taxes under workers' compensation you are not entitled to get anything back, so I never thought to ask our attorney. My mom knows someone who said that you could file a tax return while receiving workers' compensation.
    You would NEVER be 'barred' from filing a tax return. You just don't see any benefits that may be available if you don't. You can file past/adjusted returns up to 3 years.

    The IRS also has people who can help you with these issues... there are phone numbers in the book.

  4. #4
    Join Date
    Aug 2008
    Posts
    109

    Default Re: Filing a Tax Return

    I completely forgot about the stimulus 2 yrs ago too.

    If the mother did not file as head of household, or has no income, and did not claim the 15 yr old, OR if the father has medical payments out of pocket, it is in his best interests to file.

    The child alone is worth 600 per year, head of household and child with stimulus is prob roughly 1200? for that year, paying taxes on your home, and out of pocket medical expenses, let alone last year same thing but diff stimulus, it is really in his best interests depending on what the mother did on her taxes etc.

    Workmens comp is not 'income' rather it is 'compensation' so if all the other above is taken care of and he has no 'other income' he "most likely" don't hold me to that=won't haveto file, as it's not INCOME, he prob did recieve a form in the mail I would assume from the insur co or similar stating compensation like a w2. I would goto an accountant if any of this is questionable, an accountant around me is only about 150 for a detailed tax return, you may only pay 100 or less, depending on how many yrs but it's worth going for that amount over 2 years time if mom didn't claim any of that, considering it's w/c and only the dependants/medical/and stimiulus/taxes on the home. You will probably haveto bring IF the mother filed, her tax return to be sure you get all that is deserved to you.

    I am going by figures that I know of from listening to my accountant through the years, but overall if the mother didn't claim or has no income, he's missing out.
    Last edited by GBGB; 04-03-2009 at 07:14 AM.

  5. #5
    Join Date
    Oct 2008
    Posts
    8

    Default Re: Filing a Tax Return

    Thanks for the reply. I will definitely get in contact with an accountant and look into it some more before the tax deadline. I just thought it wasn't possible to get money back if you don't pay taxes.

    I don't want him to file if we aren't going to get anything back, but will we be likely get some money if:

    1. dad is head of household (on WC)
    2. mother does not work
    3. all medical expenses have been paid my the insurance
    4. sister is 15 years old
    5. we do not own a home

  6. #6
    Join Date
    Aug 2008
    Posts
    109

    Thumbs up Re: Filing a Tax Return

    I made a call and asked a friend. Usually to be able to get the additional benefits you haveto file to get it, as he gets tons of senior citizens, who have no income, but file to be able to get the homstead rebate and such, homestead rebate is a descent amount to file for and it's a possibility on the child under 16, for both years so it's worth it if they let them claim the child.

    Now you just need to see if dad was head of household, or if only mom filed (as head of household), I would assume they would of filed jointly? But, in any event, if neither filed, as dad wasn't making and income but WC and mom not filing as she does not work or make over 8k(I think it is), then yes you may be able to get money back and are due back now for 2 years.

    Hope that helps.
    Last edited by GBGB; 04-03-2009 at 12:39 PM.

  7. #7
    Join Date
    Aug 2008
    Posts
    109

    Default Re: Filing a Tax Return

    I also saw this on a tax online site:


    Can you tell me if I am eligible or not for the Tax Rebate if I collect workman's compensation and nothing else? I heard in tv disabled veterans and elderly also qualify, but I can't find any specific info for those on workman's comp.
    Thanks.




    Per the law, someone has to actually file a 2007 tax return to be eligible, so, for example, someone who is retired and only has SS benefits and normally doesn't file a tax return, would have to file one for 2007 to be eligible.

    In that instance however, instead of getting 600.00 (or 1200.00 if married filing jointly) they would only receive 300.00 (or 600.00 if married filing jointly), but the 300.00 per child benefit would not be reduced.

    Its also an advance payment on 2008 taxes, but those who get the payment will get a credit on their 2008 taxes, that is equal to the payment they receive.

    Many families should not count on getting the maximum 600.00 per adult. If your actually liability before child tax credits is less than 600.00 (or 1200.00 if married filing jointly) your rebate will be limited.

    Look at line 44 on your 2007 form 1040, or line 10 on 1040 EZ, or line 28 on 1040 A. If its less than 600.00, or 1200.00 if married filing jointly, then you are going to get either 300.00 (or 600.00 if married filing jointly) or whatever is actually on that line, whichever is greater.

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