Fair

DISCUSSION

I. FELA Overview

While injured employees in California generally are entitled to workers’ compensation benefits regardless of whether the employer was at fault (Lab. Code, § 3200 et seq.), those benefits are not available to railroad employees who suffer on-the- job injuries. Instead, their right of recovery is governed by FELA, which permits recovery only if the employer acted negligently. (Lund v. San Joaquin Valley Railroad (2003) 31 Cal.4th 1, 6 (Lund); Bergman v. St. Louis Southwestern Ry. Co. (1982) 134 Cal.App.3d 696, 700-701 [noting a railroad is not strictly liable for its employee’s injuries; instead, the employee must prove the employer was negligent].) A FELA action may be brought in either federal or state court. (Lund, supra, 31 Cal.4th at p. 6; see also Kinsey v. Union Pacific Railroad Co. (2009) 178 Cal.App.4th 201, 204.) “When, as here, a FELA action is brought in state court, state law governs procedural questions, while federal law governs substantive issues. (St. Louis Southwestern R. Co. v. Dickerson (1985) 470 U.S. 409, 411.) State procedure does not apply, however, if it results in the denial of a federal right granted by Congress.” (Lund,…