Bill Text: NY S04020 | 2021-2022 | General Assembly | Amended
Bill Title: Provides that intercity 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.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO TRANSPORTATION [S04020 Detail]
Download: New_York-2021-S04020-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4020--A 2021-2022 Regular Sessions IN SENATE February 1, 2021 ___________ Introduced by Sens. COMRIE, RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 officers or employees, every 9 employee, or his legal representatives, shall have the same rights and 10 remedies for an injury, or for death, suffered by him, from the act or 11 omission of such corporation or receiver or of its or his officers or 12 employees, as are now allowed by law, and, in addition to the liability 13 now existing by law, it shall be held in such actions that persons 14 engaged in the service of any railroad corporation, foreign or domestic, 15 doing business in this state, or in the service of a receiver thereof, 16 who are intrusted by such corporation or receiver, with the authority of 17 superintendence, control or command of other persons in the employment 18 of such corporation or receiver, or with the authority to direct or 19 control any other employee in the performance of the duty of such 20 employee, or who have, as a part of their duty, for the time being, 21 physical control or direction of the movement of a signal, switch, loco- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08589-02-1S. 4020--A 2 1 motive engine, car, train or telegraph office, are vice-principals of 2 such corporation or receiver, and are not fellow-servants of such 3 injured or deceased employee. 4 2. If an employee, engaged in the service of any such railroad corpo- 5 ration, or of a receiver thereof, shall receive any injury by reason of 6 any defect in the condition of the ways, works, machinery, plant, tools 7 or implements, or of any car, train, locomotive or attachment thereto 8 belonging, owned or operated, or being run and operated by such corpo- 9 ration or receiver, when such defect could have been discovered by such 10 corporation or receiver, by reasonable and proper care, tests or 11 inspection, such corporation or receiver shall be deemed to have had 12 knowledge of such defect before and at the time such injury is 13 sustained; and when the fact of such defect shall be proved upon the 14 trial of any action in the courts of this state, brought by such employ- 15 ee or his legal representatives, against any such railroad corporation 16 or receiver, on account of such injuries so received, the same shall be 17 prima facie evidence of negligence on the part of such corporation or 18 receiver. [This section shall not affect actions or causes of action19existing on May twenty-ninth, nineteen hundred and six; and no] 20 3. If any employee, engaged in the service of any intercity rail 21 passenger service, as defined by section ninety-seven of this article, 22 or of a commuter rail service, as defined by section ninety-seven-a of 23 this article, shall suffer a physical and/or mental injury that is 24 caused by a passenger, customer or member of the public while the 25 employee is performing an assigned duty, pursuant to subdivision eleven 26 of section 120.05 of the penal law or otherwise, the intercity rail 27 passenger service or commuter rail service shall be held liable for any 28 health care costs attributable to such injury and, in cases where it is 29 determined by his or her health care provider that such injured employee 30 is unable to perform his or her assigned duties due to such injury, such 31 employee shall be compensated by the intercity rail passenger service or 32 commuter rail service at an amount not less than the employee would have 33 earned on the assignment they would have worked until such time that 34 such employee is designated able to return to work by his or her health 35 care provider. 36 4. No contract, receipt, rule or regulation, between an employee and a 37 railroad corporation or receiver, shall exempt or limit the liability of 38 such corporation or receiver from the provisions of this section, howev- 39 er a collective bargaining agreement may alternatively bargain for bene- 40 fits greater than those provided by this section. 41 § 2. This act shall take effect immediately.
