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.