I had a workman's comp case that was just settled the only problem was that my former employer claimed I missed 5 weeks of work due to my injury for a total of $5769.75 in wages and they got that amount reimbursed out of my total winnings. I only missed 4 days of work due to injury and I could of fought my former employees claim but I let it go due to many more months of dealing with the insurance company and the lawyer told me to file a 10W-40X form and deduct it on my 2009 taxes. My question is is the $5769.75 amount worth filing again meaning would I get anything back and would I have to pay again to refile ? I hope I made sence and thanks for your time !

“I had a workman's comp case that was just settled the only problem was that my former employer claimed I missed 5 weeks of work due to my injury for a total of $5769.75 in wages and they got that amount reimbursed out of my total winnings. My question is is the $5769.75 amount worth filing again meaning would I get anything back and would I have to pay again to refile ?”--->I guess this more or less legal or moral issue. You need to contact your attorney for legal help or solution. Needless to say, if your employer reimburses you, $5,769.75 , then you do not need to file your amended return, 1040X. Why should you file amended return?? As you can see, you don't pay tax on workers compensation received by you or your survivors for job related sickness or injuries paid under a workers compensation act or workers compensation statute in the nature of a workers compensation act.

Wnhough,
Thanks for your reply, I know one of my options was to ask my employer for the money but I already know the answer without asking. I am concerned for futer references etc so I was going to explore filing the 1040X and see what I get out of it. Thanks again !

"I am concerned for futer references etc so I was going to explore filing the 1040X and see what I get out of it."---> What I mean is that since you don't pay tax on workers compensation received by you or your survivors for job related sickness or injuries paid under a workers compensation act on your tax return( as the benefits are tax free), you CAN’T claim any deduction or credit on it on your amended federal return.

I understand now, thanks for your help !