Bill Text: NY S00484 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides that if any employee, engaged in the service of any commuter rail service owned or operated by the authority or its subsidiaries, 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, the employer shall be held liable for any health care costs attributable to such injury; makes related provisions.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S00484 Detail]
Download: New_York-2023-S00484-Introduced.html
Bill Title: Provides that if any employee, engaged in the service of any commuter rail service owned or operated by the authority or its subsidiaries, 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, the employer shall be held liable for any health care costs attributable to such injury; makes related provisions.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S00484 Detail]
Download: New_York-2023-S00484-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 484 2023-2024 Regular Sessions IN SENATE January 4, 2023 ___________ Introduced by Sens. COMRIE, RAMOS, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation 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: 1 Section 1. Section 64 of the railroad law is amended to read as 2 follows: 3 § 64. Injuries to employees. 1. In all actions against a railroad 4 corporation, foreign or domestic, doing business in this state, or 5 against a receiver thereof, for personal injury to, or death resulting 6 from personal injury of any person, while in the employment of such 7 corporation, or receiver, arising from the negligence of such corpo- 8 ration or receiver or of any of its [or], his or her officers or employ- 9 ees, every employee, or his or her legal representatives, shall have the 10 same rights and remedies for an injury, or for death, suffered by him or 11 her, from the act or omission of such corporation or receiver or of its 12 [or], his or her officers or employees, as are now allowed by law, and, 13 in addition to the liability now existing by law, it shall be held in 14 such actions that persons engaged in the service of any railroad corpo- 15 ration, foreign or domestic, doing business in this state, or in the 16 service of a receiver thereof, who are intrusted by such corporation or 17 receiver, with the authority of superintendence, control or command of 18 other persons in the employment of such corporation or receiver, or with 19 the authority to direct or control any other employee in the performance 20 of the duty of such employee, or who have, as a part of their duty, for 21 the time being, physical control or direction of the movement of a 22 signal, switch, locomotive engine, car, train or telegraph office, are EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00617-01-3S. 484 2 1 vice-principals of such corporation or receiver, and are not fellow-ser- 2 vants of such injured or deceased employee. 3 2. If an employee, engaged in the service of any such railroad corpo- 4 ration, or of a receiver thereof, shall receive any injury by reason of 5 any defect in the condition of the ways, works, machinery, plant, tools 6 or implements, or of any car, train, locomotive or attachment thereto 7 belonging, owned or operated, or being run and operated by such corpo- 8 ration or receiver, when such defect could have been discovered by such 9 corporation or receiver, by reasonable and proper care, tests or 10 inspection, such corporation or receiver shall be deemed to have had 11 knowledge of such defect before and at the time such injury is 12 sustained; and when the fact of such defect shall be proved upon the 13 trial of any action in the courts of this state, brought by such employ- 14 ee or his or her legal representatives, against any such railroad corpo- 15 ration or receiver, on account of such injuries so received, the same 16 shall be prima facie evidence of negligence on the part of such corpo- 17 ration or receiver. [This section shall not affect actions or causes of18action existing on May twenty-ninth, nineteen hundred and six; and no] 19 3. If any employee, engaged in the service of any intercity rail 20 passenger service, as defined by section ninety-seven of this article, 21 or of a commuter rail service, as defined by section ninety-seven-a of 22 this article, shall suffer a physical and/or mental injury that is 23 caused by a passenger, customer or member of the public while the 24 employee is performing an assigned duty, pursuant to subdivision eleven 25 of section 120.05 of the penal law or otherwise, the intercity rail 26 passenger service or commuter rail service shall be held liable for any 27 health care costs attributable to such injury and, in cases where it is 28 determined by his or her health care provider that such injured employee 29 is unable to perform his or her assigned duties due to such injury, such 30 employee shall be compensated by the intercity rail passenger service or 31 commuter rail service at an amount not less than the employee would have 32 earned on the assignment they would have worked until such time that 33 such employee is designated able to return to work by his or her health 34 care provider. 35 4. No contract, receipt, rule or regulation, between an employee and a 36 railroad corporation or receiver, shall exempt or limit the liability of 37 such corporation or receiver from the provisions of this section, howev- 38 er a collective bargaining agreement may alternatively bargain for bene- 39 fits greater than those provided by this section. 40 § 2. This act shall take effect immediately.