Bitten at Work? A Guide to Work-Related Dog Bite Injuries and Workers' Comp Claims in San Diego

You may be at risk for dog bites if you're a delivery driver, postal worker, landscaper, or provide other services that require visiting homes and businesses. If you’re bitten, your work-related dog bite injuries can lead to expensive medical bills and missed time at work while you recover. 

Fortunately, California workers' compensation laws provide a way for you to get benefits after a work-related animal attack. Our experienced San Diego dog bite lawyer at the Law Offices of Mark C. Blane, APC, can help you obtain workers’ comp benefits and compensation under California’s dog bite laws to compensate you for your injuries. 

Does Workers' Compensation in California cover Work-Related Dog Bite Injuries?

California law requires most employers to carry workers' compensation insurance. If you're an employee (not an independent contractor) and suffer a dog bite injury while performing your work duties, you can file a workers' comp claim to cover your medical expenses and part of your lost wages.

This applies to a wide range of jobs that involve visiting residential or commercial properties, including:

• Delivery services (USPS, Amazon, FedEx, UPS)
• In-home services (cable installation, appliance repair)
• Home health aides and visiting nurses
• Utility workers (electricity, water, gas)
• Property management and real estate
• Landscaping and yard maintenance

Even if you were partly at fault for the dog bite—perhaps you entered a gated yard or tried to pet the dog—you can still seek workers' comp benefits. California has a no-fault system, meaning you don't have to prove your employer was negligent. You're generally eligible for coverage if you suffered a work-related dog bite injury.

What Benefits Can You Get for a California Dog Bite Workers' Comp Claim?

You may be entitled to workers’ compensation benefits if you suffered a work-related dog bite injury. California’s workers' compensation provides three key benefits:

1. Medical expenses. You should be reimbursed for all medical treatments for your dog bite injury, including ER visits, medications, and follow-up care. You won't pay any deductibles or copays.
2. Temporary disability (TD) payments. If you're unable to work during your recovery, you'll receive two-thirds of your average weekly pre-tax wages, up to a maximum set by state law.
3. Permanent disability (PD) payments. If your dog bite causes lasting impairments, you can recover permanent disability benefits. The amount depends on how severely you're impaired.

In some cases, workers' compensation may also cover vocational rehabilitation, job retraining, or a supplemental job displacement voucher if you are unable to return to your previous role.

Can You Pursue a Claim for Damages Against the Dog’s Owner for a Work-Related Dog Bite in San Diego?

In addition to seeking workers' comp benefits, you may also have a claim for other compensation for your dog bite injuries. While you generally can't sue your employer directly, you can file a civil claim against the dog's owner.

Under California Civil Code § 3342, dog owners are strictly liable for dog bites. You don't have to prove the owner was negligent or knew the dog was dangerous. Even if the attack was the first time the dog bit someone, the owner is still responsible for the injuries and losses you suffer.

You should file a claim with the dog owner’s insurance company. Our dog bite attorney can seek compensation for you for damages not covered by workers' comp, such as:

• Pain and suffering
• Emotional distress
• Scarring and disfigurement
• Loss of enjoyment of life
• Full lost wages (not just the partial amount paid by workers' comp)
• Any medical expenses not covered by workers’ compensation

Dog bite lawsuits are separate from the workers' comp process. You must file an insurance claim or civil lawsuit against the dog owner. Our skilled San Diego dog bite lawyer can help you understand your rights, gather evidence, and pursue the maximum available compensation.

Six Steps You Should Take After a Dog Bite at Work to Protect Your Rights 

If you suffer a work-related dog bite injury, take these key steps to protect your health and your legal rights:

1. Seek prompt medical care. Dog bites carry a high risk of infection and can cause severe injuries, so it's crucial to get professional treatment immediately. Be sure to follow your doctor’s instructions to treat your injuries.
2. Report the bite to your employer. Notify your supervisor about the dog attack and any injuries immediately. Submit a written report as soon as possible. Under California's workers ' compensation laws, you must report the injury within 30 days.
3. File a workers' compensation claim. Your employer should provide the necessary forms. Our attorney can help you with filing your workers’ comp claim. 
4. Contact animal control. Report the dog attack to the San Diego Humane Society Humane County Humane Enforcement Department. They will investigate and may quarantine the dog.
5. Gather information. If possible, get the dog owner's contact details and homeowners' or renters' insurance information. Take photos of your injuries, gather witnesses’ contact information, and keep copies of all medical records and bills.
6. Consult a San Diego dog bite lawyer. Our attorney can explain your legal options, help you through the claims process, and fight for the full compensation you deserve.

How a San Diego Dog Bite Lawyer Can Help After a Work-Related Dog Attack

If you've been bitten by a dog while working in San Diego, consulting with our knowledgeable dog bite lawyer can make a significant difference in your recovery. Here are ways we can help you: 

• Explain your rights and options. Our attorney will review your unique situation, help you understand the complex interplay between workers' comp and personal injury laws, and advise you on the best course of action.
• Assist with your workers' comp claim. We’ll help you collect necessary documentation, complete forms, and appeal denied claims to ensure you receive the medical coverage and disability benefits you're entitled to.
• Pursue your dog bite claim. In addition to workers' comp, our lawyer will determine whether you have grounds for a civil lawsuit against the dog owner. He’ll gather the evidence you need to prove your case, file your insurance claim, and negotiate your settlement with the insurance company. 
• Fight for maximum compensation. We’ll diligently pursue all available damages, including medical expenses, lost wages, pain and suffering, and other losses not covered by workers' comp. Our lawyer will file a lawsuit if the insurance company refuses to pay you what you deserve.

With personalized attention and aggressive representation, our goal is to alleviate your stress, protect your rights, and secure the resources you need to heal and move forward after a traumatic work-related dog bite injury.