No right to trial by jury (1915)
View the essay (PDF): Workers’ Compensation and the Right to Trial by Jury
When workers’ compensation laws were enacted, most states eliminated the injured worker’s right to a jury trial for personal injury against the employer. These states, including Pennsylvania, replaced both the tort remedy and the civil law forum with no-fault liability and an administrative law system of dispute resolution. Many at the time questioned whether this traditional right could legitimately be abolished.
What is the precise reason why the U.S. Supreme Court, and most state courts, held that the right to jury trial could be abolished by workers’ compensation laws? The note linked above seeks to answer that question, both with regard to Pennsylvania and other states as well.