Being bitten by a dog while working can be a scary and traumatic experience. Whether you work for a postal service, delivery company, or any other occupation that requires you to enter people’s properties, there is always a risk of dog bites. If this happens, it is important to know what actions to take next.
In Florida, a dog bite at work may qualify for both a workers’ compensation claim through your employer and a personal injury claim against the dog’s owner. It is important to report the incident to your employer immediately and seek medical attention as soon as possible.
Key Takeaways
- Report the incident immediately to your employer and get medical attention—no matter how minor the bite seems.
- Workers’ compensation applies if the dog‐bite occurred while performing work duties, covering treatment and wage loss.
- Personal injury may apply if the bite happened off duty or outside job scope—meaning you could hold the dog’s owner accountable.
- Florida law holds dog owners strictly liable for bites, regardless of whether the animal had previous incidents or the owner’s knowledge. :contentReference[oaicite:1]{index=1}
- Insurance claims may involve the dog owner’s homeowner or renter policy for third‐party liability damages like medical bills, lost wages and pain/suffering.
- Legal guidance matters to determine whether your case fits workers’ comp, personal injury, or both—and to protect your claim rights.
Does Worker’s Compensation Apply?
Workers’ compensation covers dog bites only if the injury happens during job duties. Employees bitten while working should seek immediate medical attention, as even minor bites can become infected.
After seeking medical attention, the employee should inform their employer right away. The employer’s workers’ compensation insurance should cover any medical expenses and lost wages if the employee is required to take time off work to recover from their injury. However, a workers’ compensation claim may not apply if the employee was bitten while not in the course and scope of their work.
Personal Injury vs. Worker’s Compensation
In some situations, a dog bite at work may not be eligible for worker’s compensation and may instead be considered a personal injury claim. This is particularly true if the bite occurred on a property outside of the employee’s job duties. If a dog bites an employee off the clock or during their lunch break, they may still seek compensation from the owner of the dog under the premises liability doctrine.
It should be noted that worker’s compensation cases may be paid out more quickly than personal injury claims. Personal injury claims can be lengthy, requiring extensive documentation and investigation. While the victim will likely recover more financial compensation in personal injury cases, these claims can take years to resolve.
Who’s Responsible?
Florida Statute 767.04 states that: “The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness”
In plain terms, if a dog bites someone, regardless if it is a worker or not, the owner of the dog is strictly responsible for the injury caused. The responsibility extends to any medical expenses incurred by the victim, lost wages, and even damages for pain and suffering. If the owner has homeowner’s, business, or renter’s insurance, the claim would be made against the owner’s policy, which typically includes third-party liability.
To avoid dog bites in the workplace, employers should have proper training procedures and protocols in place for their employees. Employers must also be cautious when interacting with dogs and are expected to follow any policies imposed by building owners where the employee is working.
We Can Help
Ultimately, if bitten by a dog while working, it is important to take the necessary steps to ensure medical treatment is received as soon as possible. Employees should inform their employers about the incident and seek medical attention immediately after the incident. The employer or employee should contact an attorney to determine whether the dog bite constitutes a workers’ compensation claim or a personal injury claim against the dog owner.
If you or someone you know has experienced a dog bite while on the job, contact our office today, and our team will help you establish a path forward.