Philadelphia Employment Law Amended to Protect Domestic or Sexual Violence

On November 5, 2008, Philadelphia Mayor Michael Nutter signed into law a new ordinance amending the Philadelphia Code, entitled “Unlawful Employment Practices,” now adding a new chapter titled, “Entitlement to Leave Due To Domestic or Sexual Violence.” As a Philadelphia Employment Lawyer for many years, I often receive questions on when someone may take off of work for a period of time and still have their job protected. Most people are familiar with The Family and Medical Leave Act (FMLA), a federal law that allows employees to take a leave of absence — without losing their job — because of their own or an immediate family member’s medical condition or other family responsibility such as the birth of a baby or an adoption. However, the FMLA does not specifically cover leave due to domestic or sexual violence.
The new Philadelphia law takes effect on January 5, 2009 and requires employers with 50 employees or more to provide up to eight weeks of unpaid leave annually to victims of domestic abuse, sexual assault, or stalking, or their qualifying family or household members. The law provides up to four weeks of leave if the employer has less than 50 employees. Employees may take this leave for the following reasons: to seek medical attention for physical or psychological injuries; obtain help from an organization that provides services to domestic or sexual violence victims; obtain counseling or therapy; make safety plans, including possibly relocating to increase safety; or to seek legal assistance. The Ordinance protects an employee’s job and benefits during the leave and prohibits retaliation against employees or interference with leave rights. Like the FMLA, an employer can require an employee to provide documentation of the domestic or sexual violence and the reason that why the employee must take the leave. However, all information provided to the employer must be kept confidential.

Source

Philadelphia Jury Awards $61 million to Philadelphia Injury Victim Paralyzed in Tree Accident

As a Philadelphia accident and injury lawyer, I often receive questions about who may be at fault or sued in certain accidents. In other words, can someone be found negligent once an injury has happened in a car accident, slip and fall, construction, or other accident or injury? In the case Mendez v. City of Philadelphia, a Philadelphia jury awarded $61 million for injuries Natalia Mendez suffered when a tree fell on her car while she was driving down Cheltenham Avenue in Philadelphia. Ms. Mendez was rendered a paraplegic as a result of the severe car accident. The property owner where the tree was located had hired a cement contractor to repair the sidewalk along the property line. Apparently, the cement contractor cut the roots of the tree while performing their work. The tree later fell on Mendez’s car on a rainy and wind day in July 2006.

At first glance, it may appear that no one was at fault by a tree simply falling, even though it caused severe injuries. However, in any case such as this, an experienced Philadelphia attorney should conduct a thorough investigation. In the Mendez case, Mendez sued the property owner, the City of Philadelphia, the Fairmount Park Commission and the cement contractor. Apparently, after an investigation into the accident, it was found that the property owner contended that he had made reports to the City of Philadelphia and the Commission that the tree was problematic. This case is a good example of the need to fully investigate an accident to make sure all potential responsible defendants are sued. The property owner had homeowner’s insurance with Nationwide Insurance, but with a policy limit of $100,000. This accident may have first appeared to be nobody’s fault, or only the fault of the property owner. If only the property owner was sued, Ms. Mendez would have most likely only recovered $100,000. However, an experienced injury lawyer will know that a thorough investigation of the accident or injury may show that multiple people or entities were negligent in knowing of the potential danger. This will allow multiple insurance policies or defendants to be in the case to maximize the recovery for a serious injury.

Source

Philadelphia Housing Authority Officer Injured on the Job by 18 Year Old

Craig Kelley, a Philadelphia Housing Authority police officer testified in the trial of Zahir Boddy-Johnson on June 5. On February 17, 2008, he was on duty inside a bulletproof-glass enclosed security booth at a Germantown apartment complex when he suffered a workplace injury in PA after Boddy-Johnson shot him with a rifle.
According to this article in the Philadelphia Inquirer, the officer was on duty alone when he heard a knock at the door of a security booth at the entrance of the Queen Lane Apartments. When he opened the door he was “staring down the muzzle” of a semiautomatic rifle about six feet away. The gunman struck Kelley in the left side of his abdomen, which spun him around and then knocked him down.
Boddy-Johnson, 18, is charged with attempted murder, aggravated assault, and possession of a firearm on a public street. He could face from 35 to 50 years in prison if convicted of all charges.
Kelley, who has been a PHA officer for 17 years, testified that the bullet remains in his abdomen and that because of his injuries, he has only been able to return to desk work.
Mr Kelley is entitled to Worker’s Compensation in Philadelphia for the injury that he suffered. Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers’ compensation claim. The injury can occur while traveling on business, doing a work-related errand, attending a required business-related social function, or even while on a break or using restroom facilities and you are still legally covered by workers compensation.
Whether your injury was a simple slip and fall, or involves serious injuries and property damage, Cherry, Fieger, & Marciano can help you. Our dedicated and experienced Philadelphia work injury lawyers will do everything possible to get the monetary compensation that is owed to you to help pay for medical bills, physical therapy, loss of work and more.

Source