When a 1099 Must Report Workers' Compensation
A 1099‑NEC is issued for payments of $600 or more to non‑employees. Workers' compensation benefits, however, are generally exempt from taxable income and are not reported on the 1099. They are paid directly to the employee's insurance carrier and are documented separately on a workers' compensation claim form, not on the contractor's 1099.
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What Is Actually Reported on a 1099‑NEC
The 1099‑NEC must list the total amount paid to the contractor for services rendered, excluding any workers' compensation. If a contractor receives a payment that includes a workers' compensation component, the payer should subtract that amount before reporting the remaining taxable amount.
How to Separate the Two Payments
1. Identify the total payment received by the contractor for the period.2. Verify the workers' compensation claim with the insurer or the contractor's payroll records.3. Subtract the workers' compensation amount from the total to arrive at the taxable figure.4. Report that figure on Form 1099‑NEC in Box 1.
Reporting Requirements for the Worker's Compensation Carrier
The insurance carrier must file a Form 1099‑NEC if it pays a non‑employee more than $600 for services. This form reports the total paid, not the workers' compensation portion, because the carrier's payment is treated as a taxable benefit to the contractor. The contractor receives a separate workers' compensation claim form documenting the benefit.
Common Mistakes and How to Avoid Them
- Including workers' compensation on the contractor's 1099‑NEC – this inflates taxable income.
- Failing to file a separate 1099‑NEC for the insurer – the insurer must report its own payment.
- Not providing the contractor with a clear breakdown – contractors need the split to file accurate tax returns.
Practical Steps for Small Businesses
• Keep a detailed ledger that distinguishes service payments from workers' compensation.• Use payroll software that automatically flags non‑employee payments and calculates the taxable portion.• Coordinate with the insurance provider to obtain the claim amount before issuing the 1099.