S T A T E O F N E W Y O R K
________________________________________________________________________
8070
2021-2022 Regular Sessions
I N A S S E M B L Y
June 11, 2021
___________
Introduced by M. of A. BURGOS -- read once and referred to the Committee
on Transportation
AN ACT to amend the railroad law, in relation to providing that inter-
city rail passenger services and commuter rail services shall be
liable for health care costs for injuries to railroad employees caused
by passengers, customers or members of the public
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 64 of the railroad law is amended to read as
follows:
§ 64. Injuries to employees. 1. In all actions against a railroad
corporation, foreign or domestic, doing business in this state, or
against a receiver thereof, for personal injury to, or death resulting
from personal injury of any person, while in the employment of such
corporation, or receiver, arising from the negligence of such corpo-
ration or receiver or of any of its or his officers or employees, every
employee, or his legal representatives, shall have the same rights and
remedies for an injury, or for death, suffered by him, from the act or
omission of such corporation or receiver or of its or his officers or
employees, as are now allowed by law, and, in addition to the liability
now existing by law, it shall be held in such actions that persons
engaged in the service of any railroad corporation, foreign or domestic,
doing business in this state, or in the service of a receiver thereof,
who are intrusted by such corporation or receiver, with the authority of
superintendence, control or command of other persons in the employment
of such corporation or receiver, or with the authority to direct or
control any other employee in the performance of the duty of such
employee, or who have, as a part of their duty, for the time being,
physical control or direction of the movement of a signal, switch, loco-
motive engine, car, train or telegraph office, are vice-principals of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08589-03-1
A. 8070 2
such corporation or receiver, and are not fellow-servants of such
injured or deceased employee.
2. If an employee, engaged in the service of any such railroad corpo-
ration, or of a receiver thereof, shall receive any injury by reason of
any defect in the condition of the ways, works, machinery, plant, tools
or implements, or of any car, train, locomotive or attachment thereto
belonging, owned or operated, or being run and operated by such corpo-
ration or receiver, when such defect could have been discovered by such
corporation or receiver, by reasonable and proper care, tests or
inspection, such corporation or receiver shall be deemed to have had
knowledge of such defect before and at the time such injury is
sustained; and when the fact of such defect shall be proved upon the
trial of any action in the courts of this state, brought by such employ-
ee or his legal representatives, against any such railroad corporation
or receiver, on account of such injuries so received, the same shall be
prima facie evidence of negligence on the part of such corporation or
receiver. [This section shall not affect actions or causes of action
existing on May twenty-ninth, nineteen hundred and six; and no]
3. IF ANY EMPLOYEE, ENGAGED IN THE SERVICE OF ANY INTERCITY RAIL
PASSENGER SERVICE, AS DEFINED BY SECTION NINETY-SEVEN OF THIS ARTICLE,
OR OF A COMMUTER RAIL SERVICE, AS DEFINED BY SECTION NINETY-SEVEN-A OF
THIS ARTICLE, SHALL SUFFER A PHYSICAL AND/OR MENTAL INJURY THAT IS
CAUSED BY A PASSENGER, CUSTOMER OR MEMBER OF THE PUBLIC WHILE THE
EMPLOYEE IS PERFORMING AN ASSIGNED DUTY, PURSUANT TO SUBDIVISION ELEVEN
OF SECTION 120.05 OF THE PENAL LAW OR OTHERWISE, THE INTERCITY RAIL
PASSENGER SERVICE OR COMMUTER RAIL SERVICE SHALL BE HELD LIABLE FOR ANY
HEALTH CARE COSTS ATTRIBUTABLE TO SUCH INJURY AND, IN CASES WHERE IT IS
DETERMINED BY HIS OR HER HEALTH CARE PROVIDER THAT SUCH INJURED EMPLOYEE
IS UNABLE TO PERFORM HIS OR HER ASSIGNED DUTIES DUE TO SUCH INJURY, SUCH
EMPLOYEE SHALL BE COMPENSATED BY THE INTERCITY RAIL PASSENGER SERVICE OR
COMMUTER RAIL SERVICE AT AN AMOUNT NOT LESS THAN THE EMPLOYEE WOULD HAVE
EARNED ON THE ASSIGNMENT THEY WOULD HAVE WORKED UNTIL SUCH TIME THAT
SUCH EMPLOYEE IS DESIGNATED ABLE TO RETURN TO WORK BY HIS OR HER HEALTH
CARE PROVIDER.
4. NO contract, receipt, rule or regulation, between an employee and a
railroad corporation or receiver, shall exempt or limit the liability of
such corporation or receiver from the provisions of this section, HOWEV-
ER A COLLECTIVE BARGAINING AGREEMENT MAY ALTERNATIVELY BARGAIN FOR BENE-
FITS GREATER THAN THOSE PROVIDED BY THIS SECTION.
§ 2. This act shall take effect immediately.