If you're bitten by a dog while working, you have certain rights, depending on the state where you live. In general, you may be able to file a workers' compensation claim and/or a personal injury lawsuit against the dog owner.
Workers' Compensation Claims
Workers' compensation is a state-run insurance program that provides benefits to workers injured on the job, regardless of who was at fault for the injury. To be eligible for workers' compensation benefits, you must have been bitten by a dog while you were performing your work duties.
If you're bitten by a dog while working, you should report the incident to your supervisor immediately. Also seek medical attention, even if you don't think you're badly injured. Dog bites can become infected, so it's important to get them checked out by a doctor immediately.
Personal Injury Lawsuits
You may also be able to file a personal injury lawsuit against the dog owner. To win a personal injury lawsuit, you'll need to prove that the dog owner was negligent and that their negligence caused your injuries.
Negligence is a legal term that means the dog owner failed to act reasonably to prevent your injuries. For example, if the dog owner knew that their dog was aggressive and didn't take steps to restrain it, they may be considered negligent.
If you're successful in your personal injury lawsuit, you may be awarded damages for your medical expenses, lost wages, pain and suffering, and other losses.
Comparing Dog Bite Laws in California and Texas
California and Texas, the two most populous states in the country, also happen to have the highest number of mail carrier dog attacks, with the top three cities being Houston, Los Angeles, and Dallas in 2022. Here’s a brief comparison of each state’s dog bite laws.
California dog bite laws - Under California law, dog owners are liable for the damages suffered by any person bitten by their dog, regardless of whether the dog has bitten anyone before. This means that dog owners are strictly liable for dog bites.
There are a few exceptions to California's strict dog bite law; dog owners are not liable for dog bites that occur when the victim is trespassing on the dog owner's property. Besides filing a workers’ comp claim, you may also have the right to sue the dog’s owner for the damages you’ve suffered due to the dog bite including medical bills, lost wages and emotional distress.
Texas dog bite rules – Unlike California, Texas is a "one bite rule" state, which means that dog owners are not liable for the first dog bite caused by their dog, unless liability can be based upon knowledge, intentional behavior or negligence, for example, not following a leash law.
This means that if you are bitten by a dog while on the job in Texas, you will need to prove that the dog owner was negligent to recover damages.
If you successfully prove the dog owner was negligent, you may be able to recover damages for your medical expenses, lost wages, pain and suffering, and other losses. And, like California, you can file a workers’ comp claim.
What to Do if You're Bitten By a Dog While Working
If you suffer a dog bite while working, take the following steps:
• Report the incident to your supervisor immediately.
• Seek medical attention, even if you don't think you're badly injured.
• File a workers' compensation claim.
• Consider filing a personal injury lawsuit against the dog owner.
Attorney J.J. Dominguez of The Dominguez Firm elaborates. “If a dog bit you while you were working, you should speak with an experienced personal injury
dog bite lawyer immediately. They can help you with your workers’ compensation claim and help you file a personal injury lawsuit against the owner, too. A lawyer can help you understand your rights and options in your state and can best represent you in court.”
Dog bites are one of the scariest attacks a person can suffer. When they happen on the job, they can impair the victim’s ability to make a living and leave them with lasting physical and emotional scars. But you don’t have to suffer in silence. You can collect workers’ compensation and, in many cases, sue the dog’s owner to help make you whole again.