Can I Get Workers’ Comp if a Dog Bites Me?

The injury law firm of Silverman, McDonald & Friedman is here to help you obtain workers’ compensation benefits when you have been hurt at work. We fight for injured workers throughout Delaware, including Wilmington, Newark and Seaford. Contact us today for more information.

In today’s tough economy, many of us are only one serious injury or accident away from financial disaster. If that injury happens on the job and leaves us unable to work, not knowing when the next paycheck is going to come can cause more stress than the injury itself. This is why we have workers’ compensation—a program that allows workers to help pay medical expenses and bills after they suffer an injury on the job.

When most of think about workers’ compensation claims, the most common injuries that come to mind are broken bones or repetitive stress injuries. However, any injury that occurs on the job can result in a workers’ comp claim. You might wonder if that includes dog bites, as they tend to happen outside the office or job site. But the short answer here is “yes.”

Workers like mail carriers, delivery people, landscapers, or even contractors and repair people are all in danger of dog bites when performing their job duties. Fortunately, if you are working and on the job at the time you’re attacked by an animal, you are likely eligible for workers’ compensation benefits. Under Delaware law, all companies with more than one employee are required to carry workers’ comp insurance to cover employees in case of accident, injury, or disease.

With a dog bite or attack, however, things can get a little more complex. If the dog’s owner is not your employer, you may also have a personal injury claim. Under Delaware law, the injured party can hold the dog’s owner liable for the injuries sustained as long as a) they were not provoking the dog and b) were not trespassing or committing or attempting to commit a crime. Delaware law also allows third parties to be held liable in dog attacks. For example, if a property owner allows a stray dog onto their property and that dog bites you while you’re working on the property, the property owner is liable for your injuries. It’s important you speak to an attorney if you’re injured on the job to ensure you’re aware of all your rights.

If you’re hurt on the job

If you are hurt on the job, take the following steps to make sure your workers’ compensation claim isn’t denied.

• Notify your employer immediately of your injury. You have 10 days, but it’s best to let them know as soon as it occurs, if possible.
• Request your employer fill out a report of injury and submit it to the Office of Workers’ Compensation.
• Let your employer know if the injury will prevent you from working.
• See a doctor as soon as possible after the incident, and as needed after that.
• Follow all doctor recommendations.

If you also decide to pursue a personal injury case, your settlement may be affected by what you collect through workers’ compensation. You need a skilled Delaware attorney to help navigate through this legal maze. At Silverman, McDonald & Friedman, our dedicated attorneys are here to fight for your right to fair compensation after a workplace injury. We work with clients in Wilmington, Seaford, and Newark. Call 302-888-2900 or fill out our contact form today.