What's happening
This bill requires intercity and commuter rail services to cover medical costs and lost wages for employees injured by passengers or the public.
Why it matters
Expands employer liability to cover injuries caused by passengers or the public. This bill specifically makes intercity and commuter rail services responsible for medical costs for employees injured by non-employees (e.g., passengers or the public), closing a gap where such incidents might not be clearly covered under existing law.
Guarantees wage replacement for injured employees. Injured employees unable to work due to these incidents must be compensated at their full expected earnings until cleared by their medical provider, protecting workers from loss of income after such injuries.
Limits employers’ ability to restrict benefits. The bill prevents railroad companies from using contracts, rules, or regulations to reduce or avoid these new responsibilities, except where a collective bargaining agreement offers even better benefits.
Could impact operational costs and bargaining dynamics. By imposing additional financial obligations on rail operators, the bill may influence future labor negotiations, insurance practices, and potentially the cost structure of rail services.
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Who cares
Intercity and commuter rail employees
Workers physically injured by passengers, customers or members of the public while performing assigned duties would receive medical-cost coverage and, if their medical provider finds them unable to perform those duties, continued pay until cleared to return.
Intercity and commuter rail operators
Operators would be liable for covered medical costs and pay of at least what injured employees would have earned on their assignments while medically unable to work.
Rail labor unions
Collective bargaining agreements could provide benefits greater than the bill’s protections, while contracts, rules and receipts could not limit railroad liability under the section.
Medical providers treating injured rail workers
Their determinations of an employee’s inability to perform assigned duties and readiness to return would govern the period of required pay.
Headline styles
Rail Companies Pay Worker Injuries
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7882
IN SENATE
February 28, 2020
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the railroad law, in relation to providing that intercity rail passenger services and commuter rail services shall be liable for medical 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 Assembly, 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 corporation 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, locomotive engine, car, train or telegraph office, are vice-principals of 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 corporation, or of a receiver thereof, shall receive any injury by reason of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15141-01-0
S. 7882 2
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 corporation 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 employee 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 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 medical costs attributable to such injury and, in cases where it is determined by his or her medical 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 medical 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, however a collective bargaining agreement may alternatively bargain for benefits greater than those provided by this section.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 medical costs for injuries to railroad employees caused by passen- gers, 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.
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
New.
Fiscal implications for state and local governments
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.