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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8070
SPONSOR: Burgos TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that employees of intercity rail passenger services and commu-
ter rail services who suffer physical injuries due to line of duty
assaults are properly protected, compensated and made whole for medical
expenses and lost wages.
SUMMARY OF PROVISIONS:
Section one of the bill amends the railroad law to set a clear policy
with respect to liability for line of duty assaults and other attacks
perpetrated upon employees of intercity rail passenger services and
commuter rail services by other passengers, customers or members of the
public. In the event of such assaults or attacks, resulting in physical
injury, the railroad shall be liable for: (1) Medical costs specifically
attributed to the injury and (2) Lost compensation in the event that an
employee is unable to perform their duties, consistent with the opinion
of his or her medical provider. Section two of the bill provides the
effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION ( IF APPLICABLE):
JUSTIFICATION:
Alarmingly, assaults and attacks on public transit workers are occurring
with increased frequency. In January of 2020, a Metro North Railroad
(MNR) female conductor was punched in the face by an unruly passenger,
resulting in injuries. Several years ago, it was reported that, on aver-
age, at least one serious line of duty assault occurs per month on MNR
trains. These numbers and incidents are unacceptable, yet equally unac-
ceptable is the fact that there are no clear liability standards or
guaranteed recompense to commuter rail employees who suffer line of duty
assaults or attacks. This legislation sets clear standards of account-
ability and liability, reasonable requiring the passenger rail companies
to provide for employee medical costs and lost wages. Asking employees
who have suffered assaults to pay out of pocket costs, incur lost wages,
or draw down on accrued sick time is unreasonable and unfair. This bill
rights a present wrong.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
8070
2021-2022 Regular Sessions
IN ASSEMBLY
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:
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-
22 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
1 such corporation or receiver, and are not fellow-servants of such
2 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 legal representatives, against any such railroad corporation
15 or receiver, on account of such injuries so received, the same shall be
16 prima facie evidence of negligence on the part of such corporation or
17 receiver. [This section shall not affect actions or causes of action
18 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.
