| Thousands of Americans are injured and hundreds | | | | To receive compensation under FELA, the injured |
| are killed each year in on the job accidents. When | | | | railroad worker must prove that their injury was |
| an employee is injured on the job, they normally | | | | caused in whole or in part by the negligence of |
| have the right to file a claim with the employer's | | | | their employer or by the conduct of another |
| workers compensation insurer or the state | | | | employee. Under FELA, the compensation |
| agency that administers workers compensation | | | | received by the injured worker can be reduced |
| claims. However, some industries and employers | | | | by the percentage that the injured worker was |
| have special workers compensation laws that are | | | | determined to be at fault for his or her own |
| not administered by employer workers | | | | injuries. |
| compensation insurers or state governmental | | | | Besides railroad work, there are other occupation |
| agencies. Railroad work is one such occupation. | | | | types that are excluded from state workers' |
| Railroad worker injury claims are covered by the | | | | compensation laws would include but are not |
| Federal Employer's Liability Act ("FELA"), which | | | | limited to coalminers, fishing, fish processing, |
| Congress passed in 1907. FELA claims are | | | | longshore, harbor workers, nuclear energy |
| administered under the U.S. Department of Labor. | | | | workers, federal workers, and military service |
| In addition to providing compensation rights for | | | | members who are injured on active duty. National |
| railroad workers, FELA also helps to promote a | | | | Guard and Reserve members who were serving |
| safe workplace in the railroad industry with the | | | | on active duty at the time of the disability or |
| goal of reducing the number of employee injuries. | | | | disease are also included in this group. |