What Are My Options If I’m Bitten by a Dog While Working?

Question from Jim, What Are My Options If I’m Bitten by a Dog While Working?

Answer from AI:

If you’re employed by a delivery company and are bitten by a homeowner’s dog during your delivery route, you have several options to consider for addressing the injury and any resulting damages. Understanding your rights and the steps you can take is crucial in such situations.

Immediate Steps to Take

• Seek Medical Attention: Your health is the priority. Get medical treatment immediately for the dog bite.
• Report the Incident: Notify your employer about the incident as soon as possible. This is important for documentation and may be necessary for workers’ compensation claims.
• Document Everything: Take photos of your injuries and the location where the incident occurred. Also, gather contact information from witnesses if possible.
• Contact Animal Control: Report the bite to local animal control authorities. They can investigate the incident and check the dog for rabies and other diseases.

Legal Options Available

1. Workers’ Compensation: As an employee injured while performing work-related duties, you are generally eligible for workers’ compensation. This can cover medical expenses and a portion of your lost wages. Workers’ compensation laws vary by state, so it’s important to understand the rules in your jurisdiction.
2. Personal Injury Claim: If workers’ compensation does not fully cover your losses, or if you choose to opt out (where legally permissible), you might consider filing a personal injury lawsuit against the homeowner. This would be based on the premise of negligence, such as failing to secure the dog despite knowing its propensity to bite.

Considerations for Filing a Lawsuit

• Negligence: You would need to prove that the homeowner was negligent in controlling or securing their dog.
• Strict Liability: Some states have “strict liability” dog-bite laws where the owner is automatically liable for dog bites, regardless of the owner’s negligence.
• Possible Defenses: Be aware that the dog owner might claim defenses such as provocation or trespassing, which could affect the outcome of a lawsuit.

Why Legal Advice is Crucial

Each dog bite case can vary significantly depending on the circumstances and local laws. Consulting with a personal injury lawyer who understands the specific legal landscape of your state is crucial. They can help you understand your rights, the viability of your case, and the best course of action to take.

For more information on workers’ compensation and personal injury laws, you might want to visit the U.S. Department of Labor’s Workers’ Compensation page and the American Bar Association’s guidelines on personal injury.

Note: This information serves as a general guide and should not be considered legal advice. Specific cases should be discussed with a legal professional to ensure that all personal circumstances are adequately considered and addressed.