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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13328
Experience:  15years with H & R Block. Divisional leader, Instructor
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A paving company set up their cooker on my property and as a

Customer Question

A paving company set up their cooker on my property and as a result the fumes sent me to the hospital for four days though Medicare paid for all of it but $3000 I asked the paving company to reimburse me that money as I didn't think it was my fault. They did give me the $3000 to pay off the hospital but they made me sign a w2(I think). After a few months Medicare made The Kraemer company reimburse Medicare in excess of $7000 which I am told they got from Worker's Compensation. They sent me a 1099 for that 3000. Do I have to report it. I think they got that back also from workers comp too. Either way I did no work for them.
Submitted: 10 months ago.
Category: Tax
Expert:  Robin D. replied 10 months ago.

Hello

The paper they made you sign was most likely a W9.

In 1996, IRC § 104(a)(2) was amended to exclude from gross income “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.” IRC § 104(a)

This would not be taxable to you as it paid for your medical only under the physical illness you experienced.

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Customer: replied 10 months ago.
What do I do about the The W9 that they sent in to the IRS. Won't they think that I'm not reporting income.
Customer: replied 10 months ago.
What do I do about that W9 that the company send into the IRS. Won't they IRS think that I am not reporting income and get into trouble.
Expert:  Robin D. replied 10 months ago.

They would not send the W9 to the IRS but they may send you and the IRS a 1099MISC.

You should contact the company if they send you one and advise them that :

The following damages (other than punitive damages) are not reportable in Box 3 of Form 1099-MISC:

  1. Damages received on account of personal physical injuries or physical sickness

Then request a CORRECTED 1099MISC showing $0

Expert:  Robin D. replied 10 months ago.

I really enjoyed working with you – please feel free to request me again when you come back to ask another question.

Rating lets Just Answer know you received an answer which then credits me for my time.

Customer: replied 10 months ago.
I don't agree with the $52 charge as I feel I only asked one question and it was not fully answered so I had to ask another one please adjust your fee
Expert:  Robin D. replied 10 months ago.

Please tell me what I left off your question.

I even replied on your follow up

Expert:  Robin D. replied 10 months ago.

I have not been credited in any way because you did not rate. I will tell Customer Support that you want to speak with them as I have no access to any fee that you mentioned.

Customer: replied 10 months ago.
In the first question I told you I received a 1099 but you didn't say wha I should do. I thought it was going to be 19.00 as it was not urgent and not complicated.
Expert:  Robin D. replied 10 months ago.

I have no knowledge about any fee so I have already advised Customer Support to contact you

Customer: replied 10 months ago.
OK
Expert:  Robin D. replied 10 months ago.

.