Imagine this scenario. You’re delivering packages on a beautiful afternoon. The next stop is at a home surrounded by a fence. After placing a parcel on the porch, you notice a dog in the front yard. You think little about it, until it charges you. As the dog approaches, you realize it’s aggressive and immediately move into a defensive stance. Shielding your body, your arm is badly bitten. Fortunately, the dog’s owner runs from the back yard to stop the attack.
An attack by a dog is a scary event. Physically, you can end up needing surgery, physical therapy, and have disfiguring scars for the rest of your life. Then there is the psychological and emotional toll, which can require years of therapy. The joy a victim may have once had with canines can quickly turn into a phobia. And attacks are not uncommon. According to the United States Postal Service, over 5,800 postal workers were bitten in 2020.
The Personal Injury Side
It is important to have a personal injury lawyer to sort the details involving insurance and liability, as dog bites fall under the category of premises liability. If the victim did not provoke the dog and was lawfully on the property, the owner has liability whether they were present for the attack or not. This will mean a settlement for you, the victim. The Insurance Information Institute recently reported that $854 million was paid by homeowners in 2020 for dog bite injuries.
Scarring can be surprisingly detrimental to a victim’s future wellbeing. The unsightliness is a reminder for both them and others of the traumatic experience. This is why we recommend clients keep a photo journal of any scars, even small ones. This is important in ensuring that you are properly compensated for all effects of the attack.
The Workers’ Compensation Side
Of course, there is workers’ compensation claim. You were bit on the job while performing an activity within the scope of your employment. You are eligible for coverage for wage loss and medical care. Since there is also the issue of personal injury, it is important to have an attorney experienced in both.
If you think that you are exempt from workers’ comp coverage as an independent contractor, you may want to question your status. Often, people who think they are contractors are just misclassified by employers to avoid benefits. You need to ask who has control over your actions. There are certain criteria that all need to be met to be considered a contractor. You might be paid by the job, but if you are required to wear a company polo, you could be classified as an employee. A workers’ compensation attorney can sort this and tell you exactly where you stand.
Contact Us
If you have been attacked by a dog, whether on the job or not, call or text us at (612) 465-8733 for a free consultation. Our experienced dog bite and workers’ comp lawyers have represented clients bitten by dogs and understand how it effects lives.
