A Washington workers' compensation law applying only to federal contract workers at one federal facility in the state made it unconstitutionally easier for federal contractors to obtain workers' compensation than state or private employees, the U.S. Supreme Court unanimously ruled on June 21.
The U.S. Constitution's Supremacy Clause generally shields the federal government from state laws that directly regulate or discriminate against it. In United States v. Washington, the Supreme Court concluded that the state law discriminated against the federal government.
The state law fell outside the scope of Congress' waiver of immunity for state workers' compensation laws that apply to projects belonging to the federal government in the same way as if the premises were under the exclusive jurisdiction of the state.
"We see a general trend that state legislatures continue to broaden their workers' compensation programs, focusing on increasing access, expediting treatment and easing the ability of workers to secure benefits," said Debra Doby, an attorney with Vaughan Baio & Partners in New York City. "This decision certainly serves as a reminder to state legislatures that any changes to workers' compensation statutes must be applied fairly and equitably for all entities, including the federal government."
Background
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