I Was Bitten By a Dog While Working: What Are My Legal Rights?
“I Was Bitten By a Dog While Working” is a common question our attorneys get.
Yes, being bitten by a dog while working can be a painful experience. But beyond the injury, a dog bite incident often leads to medical bills, missed work, and long-term complications.
However, many workers are unaware that if a dog bite occurs while they are performing their job duties, they may have more than one legal option for compensation.
If you were bitten by a dog while working you might have a good personal injury claim that will allow you to collect medical expenses and other money from the party responsible for keeping your work place safe.
Depending on the circumstances, an injured worker may be entitled to file a workers compensation claim, a personal injury claim, or even a third party claim against the dog owner or property owner responsible for the unsafe condition.
Dog Bites at Work Are More Common Than You Think
Dog bite injuries often happen to workers who have to leave the office for their jobs.
US Postal Service workers reported more than 5,800 dog bites in 2023, and the number rose to over 6,000 in 2024, marking the highest level in seven years.
California had 727 incidents, Texas had 411, and New York ranked among the top states with 322 cases in 2024.
Stat: Just in Manhattan, the dog bite injury rate per 100,000 people was 46.55 in 2018 and dropped to 1.54 by 2023.
Delivery drivers, postal workers, home health aides, plumbers, contractors, utility workers, and landscapers are at higher risk.
On average, each claim is more than $58,000, paying for doctor bills and lost pay.
When a worker goes onto private property for work, the dog owner must control their dog. If a dog bite happens because the dog was not held back, watched, or kept safe, the owner could be responsible.
Personal Injury Claims for Dog Bite Injuries
Courts have found that property owners have a duty to keep their property reasonably safe. A reasonably safe property includes controlling dogs from biting.
In a dog bite case, the bitten person must prove three things
| To Prove | What It Means | Common Evidence / Examples |
|---|---|---|
| 1) Property Not Reasonably Safe | The dog created a dangerous condition for lawful visitors or workers. |
Dogs roaming freely; failure to leash/confine; ignoring aggressive behavior. |
| 2) Dog Owner/Handler Negligence | The owner failed to use ordinary care to prevent the dog from biting. | Prior bite history, failure to warn, lack of supervision, and not restraining the dog. |
| 3) Actual Injury and Damages | The bite caused real harm (not just a minor nip) with medical impact and documentation. | Puncture wounds, infection, nerve damage, scarring, medical records and prescriptions. |
Tip: Get medical care as soon as possible and follow your doctor’s advice. Keep all your records, charts, and prescriptions to help explain what happened and support your claim.
1. The Property Was Not Reasonably Safe
A property is not reasonably safe if a dog is allowed to pose a danger to lawful visitors. An uncontrolled or aggressive dog can render a property unsafe.
Some examples are:
- Dogs roaming freely while workers are present
- Failure to leash or confine the dog
- Ignoring known aggressive behavior
In many dog bite cases, the bite itself is sufficient evidence that the property was unsafe.
2. The Dog Owner or Handler Was Negligent
Second, the bitten person must prove that the property owner was negligent in failing to keep the dog from biting. “Negligence” is defined as “the lack of ordinary care.”
So, a dog owner may be negligent if they failed to act as a reasonable person would under similar circumstances.
A negligent dog handler fails to use the kind of care a normal dog handler would use in a similar situation.
Knowledge that the dog has bitten before when the dog bit you, for example, tends to demonstrate that the dog handler was negligent and should have been more careful.
3. The Dog Bite Caused Actual Injury
The last thing an injured person must prove for a successful dog bite claim is that the dog bite did, in fact, result in injury. A simple nip on the hand, for example, will probably not lead to a monetary award.
To recover compensation, the injured worker must show that the bite resulted in real harm. Serious dog bite injuries may include:
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Deep puncture wounds
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Infections
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Nerve damage
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Permanent scarring
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Emotional trauma
So, if you were bitten by a dog, make sure you to seek medical attention and follow through with recommended medical treatment.
Keep meticulous track of all the doctor’s records, charts, and prescriptions so that you can prove that the injury did in fact injure you.
Workers Compensation and Dog Bite Injuries
In many cases, a worker bitten by a dog while on the job may qualify for workers compensation benefits. These benefits are typically provided through the employer’s workers compensation insurance.
Workers compensation benefits may cover:
- Medical expenses
- A portion of lost income
- Necessary follow-up care
Can You File Both a Workers Compensation Claim and a Personal Injury Claim?
Yes. In many situations, a dog bite at work involves a third party, such as a homeowner or dog owner who is not your employer.
In many cases, you may have two paths to compensation:
- A workers compensation claim for immediate benefits
- A third party claim or personal injury claim against the dog owner
This is common in cases involving delivery drivers and contractors.
Recoverable Damages in Dog Bite Cases
Medical Expenses
Lost Wages
Pain and Suffering
Pain and suffering awards include compensation for the anxiety a dog bite produces.
These are harder to get because dog bites are usually relatively minor injuries. It is possible, however, to ask for these damages, especially when it’s closer to a death scenario.
Who is a Good Candidate for Dog Bite Cases?
Oftentimes, dog bite victims are workers who work away from an office and travel around the community to do their jobs. A plumber, for example, has to get from house to house in order to get paid.
If the plumber is bitten at work and has to miss appointments for the day, the plumber loses income. These type of dog bite victims are often good candidates to recover loss of income damages.
Frequently Asked Questions
1. I Was Bitten by a Dog While Working, what should I do first?
The first step is to seek medical attention immediately, even if the injury seems minor.
You should also report the dog bite incident to your employer, document the injury, and identify the dog owner and property owner if possible.
2. Can I file a workers compensation claim for a dog bite at work?
Yes. If a dog bite occurs while you are performing job duties, you may be eligible to file a workers compensation claim.
Workers compensation benefits can cover medical treatment and a portion of lost wages related to the injury.
3. Can I sue the dog owner if I was bitten while working?
In many cases, yes. If the dog owner is a third party and not your employer, you may be able to file a personal injury claim or third party claim against the dog owner for dog bite injuries, in addition to receiving workers compensation benefits.
4. What damages can I recover for dog bite injuries?
Depending on the type of claim, you may recover medical expenses, lost wages, and in some cases pain and suffering.
Workers compensation typically does not cover pain and suffering, but a personal injury claim may allow recovery for those damages.
5. Should I contact a dog bite lawyer after a work-related dog bite?
Yes. A dog bite lawyer can help determine whether you have a valid workers compensation claim, a third party claim, or both.
Legal guidance is especially important when dealing with insurance companies and serious dog bite injuries.
In Summary
Being bitten by a dog while working can cause serious physical, emotional, and financial problems.
Dog bite cases often involve legal questions, like getting workers’ compensation or possibly making a claim against a careless dog owner.
At Greenstein & Pittari, LLP, our injury lawyers have a proven history of helping injured workers handle these problems.
If you were bitten by a dog while working, call us today at 1-800-VICTIM2 (842-8462) for a free consultation.