What’s the difference between a personal injury claim and a workers’ comp claim?

Workers’ compensation provides no-fault benefits for workplace injuries regardless of employer negligence, while personal injury claims require proving fault. Workers’ comp covers medical expenses and partial wage replacement but excludes pain and suffering. Personal injury allows full damages including non-economic losses. Employees generally cannot sue employers, making workers’ comp exclusive remedy. Third-party claims remain available against non-employers. Workers’ comp benefits begin immediately without litigation. Personal injury cases may take years but offer higher potential recovery. Evidence standards differ significantly between systems. Some injuries allow both benefits through different defendants. Strategic coordination maximizes overall recovery.

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  6. My husband died when defective heart medication containing carcinogenic impurities caused liver failure, with our pharmacy continuing to dispense recalled drugs for six months after FDA notification while telling us nothing. What legal action exists?
  7. My husband died from blood loss after colonoscopy when the gastroenterologist perforated his colon and sent him home saying pain was “normal,” with autopsy showing he attempted to repair the perforation with clips during procedure but never told us. What legal recourse exists?
  8. My wife died from anaphylaxis at our anniversary dinner after the restaurant assured us the meal was nut-free, but the chef used walnut oil throughout the dish, with the manager later saying “we thought oil was different from actual nuts.” What’s our case worth?
  9. My infant daughter died from Group B Strep infection after delivery because the hospital “lost” my positive test results and never gave antibiotics during labor, with the lab later finding the results misfiled in another patient’s chart. What are our options?
  10. What if my employer doesn’t have workers’ comp insurance?
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  13. Can an injury case be based solely on emotional shock?
  14. Are spinal disc injuries from rear-end collisions presumptively linked to the crash?
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