If you receive a lump sum amount as a settlement of an employment law claim, then you must decide how to allocate the amounts, and which forms to use. You have two choices, Form W-2 and Form 1099-MISC. Within Form 1099-MISC, you have two further choices: Box 3 or Box 7. Box 3 is for other income, including taxable damage awards. Box 7 is for non-employee compensation over $600. For example, suppose you settle your case for $100,000. You pay your attorney $30,000 as agreed in your retainer. Of the remaining $70,000, you and your accountant or tax adviser decide to allocate $25,000 to wage loss and $45,000 to emotional distress. Only the wage loss allocation will be subject to the normal withholdings if you choose the W-2 form option.