If a dog bites or knocks you down while you are working, you may have two paths to compensation: a workers' comp claim through your employer and a separate injury claim against the dog's owner. Workers' comp generally covers your medical care and part of your lost wages regardless of fault. A third-party claim against the owner may cover losses workers' comp does not, such as pain and suffering.
Delivery drivers, mail carriers, home health aides, meter readers, utility crews, and service technicians spend their days walking onto other people's property. A loose or aggressive dog is one of the most common and frightening risks of that work.
This article explains how the two types of claims work, how they fit together, and what to do if you are hurt by a dog on the job.
Is a dog bite on the job covered by workers' comp?
Usually, yes. If you were performing your job duties when the dog attacked, the injury is generally considered work-related. California workers' compensation is a no-fault system, so you do not need to prove your employer did anything wrong, and it does not matter that the dog belonged to someone else.
Workers' comp can pay for medical treatment, including wound care, infection treatment, stitches, surgery, and counseling if the attack left you with lasting fear or anxiety. It can also provide partial wage replacement if you cannot work while you recover. Our workers' compensation team helps injured workers get these benefits started and keep them in place.
Can you also bring a claim against the dog owner?
Often, yes. Workers' comp is usually the only claim you can bring against your employer, but it does not protect other people who caused your injury. The dog's owner is a third party, and you may be able to bring a separate personal injury claim against them.
California law generally makes dog owners responsible when their dog bites someone who is in a public place or lawfully on private property. A delivery driver or aide who is on the property to do their job is usually there lawfully. The owner's homeowners or renters insurance often covers these claims.
A third-party claim matters because it can include losses workers' comp does not pay, such as pain and suffering, scarring and disfigurement, and the full amount of lost income.
How do workers' comp and a third-party claim work together?
You can generally pursue both at the same time. Workers' comp begins paying for treatment and wage benefits, while the third-party claim proceeds against the owner.
If you recover money from the owner, the workers' comp insurer may seek reimbursement for some of what it paid. Coordinating the two claims carefully helps avoid surprises and protects your net recovery. For a broader look at how these systems differ, see our guide to workers' comp vs. personal injury claims.
What should you do right after a dog attack at work?
- Get to safety and get medical care. Dog bites carry a real risk of infection, even when the wound looks small.
- Report the injury to your employer as soon as possible and ask for a claim form.
- Get the dog owner's name, address, and contact information, and ask whether the dog's vaccinations are current.
- Report the bite to local animal control so there is an official record.
- Photograph your injuries, torn clothing, and the location, including any gate, fence, or leash issues.
- Write down names of witnesses and any neighbors who saw the dog loose before.
Reporting deadlines for work injuries and for injury claims are strict and can vary depending on the facts. Confirm yours with an attorney rather than waiting to see how the wound heals.
What if the dog knocked you down but did not bite?
Many workplace dog injuries are not bites at all. A dog may jump on you, chase you off a porch, or cause you to fall on stairs while you are carrying a package. These can cause fractures, knee and back injuries, and head injuries.
Workers' comp can still cover these injuries if they happened on the job. A claim against the owner may also be possible, but it is often based on whether the owner was careless, for example by letting an aggressive dog roam loose or ignoring a broken gate. The facts matter, so these cases benefit from early investigation.
What if you are an independent contractor or gig delivery driver?
Some app-based and contract drivers are told they are not employees and cannot get workers' comp. Worker classification depends on the actual facts of the relationship, not just the label a company uses, so it is worth having an attorney review your situation.
Even if workers' comp is not available, a personal injury claim against the dog owner may still be. Hollingsworth and Hollingsworth offers a free consultation, works on contingency with no fee unless we win, and se habla espanol.
Frequently asked questions
Does it matter that the dog had never bitten anyone before?
For bites, often not. California generally holds dog owners responsible for bites to people lawfully on the property or in public, even if the dog had no history of aggression. For injuries that are not bites, such as being knocked down, the dog's history and the owner's carelessness can matter more.
Will my employer get in trouble if I file a claim against the dog owner?
No. A third-party claim is against the dog owner and their insurance, not your employer. Your workers' comp claim is also a normal part of the system. California law protects workers from retaliation for filing a workers' compensation claim.
What if the dog owner is a regular customer on my route?
Many workers worry about that. In most cases, the claim is paid by the owner's homeowners or renters insurance, not directly out of the owner's pocket. An attorney can handle communication with the insurer so you do not have to have difficult conversations with the customer yourself.
How much does it cost to talk to a lawyer about a work-related dog bite?
The first consultation is free. Our personal injury cases are handled on contingency, which means no fee unless we win, and we can review your workers' comp claim at the same time. We can meet with you in English or Spanish.
Hurt by a dog on the job? Talk to us for free. Your consultation is free and there is no obligation. Call (619) 810-1427 or request a free case evaluation. Se habla espanol.
This article is general information, not legal advice, and does not create an attorney-client relationship. Laws change and every case is different. For advice about your situation, speak with a licensed attorney.
