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Workers compensation statutes generally limit recovery against an employer, requiring that the negligence of a third-party, other than the employer, be established for recovery. Absent the negligence of a third-party, recovery in a workers’ compensation case is limited to nominal payments based upon the average wages of the injured worker. The FELA, on the other hand, allows injured railroad workers to recover damages from their employer when the employer or a co-worker's negligence causes the injury. Therefore, an injured "railroader" must only prove negligence or fault on the part of fellow employees, or establish that the railroad has placed defective equipment into operation, resulting in injury.
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