Managing Partner
People who work certain jobs are at particular risk of injuries from dog bites, such as postal workers, vet staff, and law enforcement. Even those who do not work directly with dogs may get bitten by customers’ pets or service dogs or suffer injuries from a dog bite inflicted by a homeowner’s dog while working on their property. In these cases, what responsibilities do employers have when workers suffer dog bite injuries on the job?
Workplace Settings Where Dog Bites Occur
Employees may face a risk of injuries from dog bites in work settings such as:
- Delivery workers, including mail carriers, parcel delivery, and food delivery
- Home service workers, including home cleaners, electricians, plumbers, and cable/internet technicians
- Veterinary staff
- Animal shelter workers
- Dog trainers/sitters/walkers
- Law enforcement and other first responders
- Workers in establishments that welcome customers’ dogs
- Service establishments, such as stores or doctors’ offices, where staff may encounter service animals
Employer Responsibilities Under Workers’ Compensation
Georgia’s workers’ compensation system operates as a “no-fault” system, which means an injured worker does not need to prove that their employer bears any fault for their injuries. Instead, employers are liable for all worker injuries that occur in the course and scope of employment. Thus, an employee who suffers injuries from a dog bite during work, such as when a mail carrier gets bitten on someone’s property or a veterinary technician suffers injuries from a dog biting them during treatment.
Workers’ compensation can provide injured employees with benefits such as:
- Medical benefits that cover the cost of all reasonably necessary treatment and rehabilitation
- Temporary disability benefits that provide partial reimbursement of lost wages from missed work
- Permanent disability benefits that provide compensation for disabilities or disfigurement that remain after an employee reaches maximum medical improvement
Employer Liability Beyond Workers’ Compensation
Georgia’s workers’ compensation system includes an “exclusive remedy” rule. This rule states that employees may only file a workers’ compensation claim against their employer. In exchange for the guaranteed benefits under workers’ comp, employees may not sue their employer in a personal injury claim for a work injury. However, an employee may have a viable personal injury claim against their employer in rare circumstances.
Even though employees cannot sue their employers outside workers’ comp for dog bite injuries, an injured employee may have a third-party personal injury claim against other liable parties.
Legal Options for Injured Employees
An employee who suffers injuries from a dog bite at work may have several legal options for seeking financial recovery for their harm and loss. First, the employee can file a workers’ compensation claim with their employer to obtain workers’ comp benefits. The employee may also have a third-party personal injury claim against the owner of the dog that bit them or other potentially liable parties, such as the owner of the property where the attack occurred. In Georgia, a dog bite victim can hold the dog’s owner strictly liable for their injuries and losses if they can prove the owner knew or should have known about their dog’s dangerous or vicious tendencies, whether through prior biting incidents or other aggressive behavior. A third-party personal injury claim can provide compensation for losses such as:
- Costs of medical treatment and rehabilitation
- Costs of long-term care and support services/equipment for prolonged or permanent disabilities
- Full reimbursement for lost wages from missed work
- Loss of future earning potential due to disabilities
- Physical pain
- Emotional trauma and distress
- Permanent disabilities or significant scarring/disfigurement
Contact a Workers’ Compensation Attorney Today for Help
Were you bitten by a dog while at work? If so, you may have the right to seek financial relief through workers’ compensation and other legal claims. Contact Joshua E. Palmer Law Firm today for a free, no-obligation consultation with a knowledgeable workers’ compensation attorney to discuss your options.
