Most package delivery companies handle employees’ dog bites in a similar way. Some companies treat their delivery personnel as employees, in which case the employee may be entitled to workers’ compensation benefits. Other delivery companies use independent contractors, in which case the contractor may need to sue to receive fair compensation for bite-related damages.
Even those who receive workers’ compensation benefits may be eligible to sue the dog owner or other liable parties. A Los Angeles dog bite accident lawyer can review your case and help you pursue the compensation you deserve.
Delivery Companies Handle Dog Bites on a Case-by-Case Basis
Companies like the United Parcel Service (UPS) are well aware of the dangers that aggressive dogs pose to full-time employees, part-time employees, seasonal workers, and independent contractors. The UPS dog bite policy provides aid to injured employees through workers’ compensation insurance. The FedEx dog bite policy also provides workers’ compensation to their employees. However, there are conditions that could affect how you receive aid following a dog bite.
Some of the questions your lawyer will address as they form your case are:
Who Is Your Employer?
These days, there are more than postal workers and mail carriers delivering items to our homes. In addition to FedEx and UPS, some of the companies whose delivery professionals are often involved in dog bite cases are:
- DHL
- Amazon
- LaserShip/OnTrac
- DoorDash
- Uber Eats
- GrubHub
- Instacart
While some of these companies are more commonly associated with food delivery, they can be assaulted by dogs too.
The company you were delivering for is important because these companies classify workers in different ways, have insurance policies with different details, and may have different philosophies about how to treat injured workers.
What Is Your Employment Status?
Your employment status is one of the most important considerations when you’re bit while on the job. In these situations, the most important question will be whether you qualify as:
- An employee (who is entitled to workers’ compensation insurance)
- An independent contractor (who is not entitled to workers’ compensation insurance)
For example, you may be delivering packages for Amazon, but you are an independent contractor, not an employee of the company. Don’t worry if you aren’t sure of your classification—your dog bite accident lawyer will find out.
Are You Covered by Workers’ Compensation Insurance?
When a company maintains workers’ compensation insurance, that employer:
- Has an insurance policy that covers employees bit by dogs while working
- Is typically immune from being sued by employees (though there may be exceptions)
Your attorney will quickly gather all the information they need to create a personalized strategy for your dog bite claim.
Your Possible Options After Suffering a Dog Bite as a Delivery Professional
Once your lawyer understands your employment status, your employer’s insurance policies, and the circumstances of your bite, they will explain your options for seeking compensation.
Some of the options that may be available to you are:
A Workers’ Compensation Claim With Your Employer
If you qualify as an employee, you may file a workers’ compensation claim with your employer’s insurer. Our team will:
- Notify your employer of the incident
- Ensure your employer files a workers’ compensation claim with their insurance provider
- Represent you throughout the workers’ compensation claims process
A Los Angeles workers’ compensation attorney will hold the insurer accountable for its policy. They will demand all the compensation you deserve.
A Lawsuit Against a Delivery Company
While many delivery companies are protected from personal injury lawsuits by their workers’ compensation insurance policies, there are circumstances where delivery people may sue. Some such circumstances may include the following:
- You are an independent contractor—who is not covered by workers’ compensation—and the company’s negligence contributed to you being bitten
- An employer does not have workers’ compensation insurance (or the insurance does not apply to you)
Your attorney will review your employer’s actions and insurance policies to determine if you’re eligible to file a lawsuit.
An Insurance Claim With the Dog Owner’s Insurance Company
Many dog bites involving delivery professionals happen at the dog owner’s home. You may secure compensation by filing a homeowner’s insurance claim with the dog’s owner.
A Lawsuit Against the Dog’s Owner
Most delivery workers are within their rights to sue a dog owner whose animal bites them. You and your attorney can discuss whether filing a lawsuit makes more sense than filing a personal injury claim with the insurance company—though these options may not be mutually exclusive.
Can You Sue And Receive Workers’ Compensation Benefits?
You may be able to both file a workers’ compensation claim and a personal injury lawsuit. A realistic scenario in which you might do this is:
- You are eligible to file a workers’ compensation claim with your employer, so you do
- You have damages that workers’ compensation does not cover, so you elect to sue the dog’s owner to recover compensation for those damages
This option can introduce complexities. Let a dog bite lawyer handle the details and focus on your recovery.
Damages That Package Delivery Workers Deserve After a Dog Bite
Dog bites can cause nasty injuries, infections, severe trauma, financial loss, and many other damages. A bite may directly interfere with your ability to do your job, and your attorney will seek compensation to cover:
- Medical expenses: It’s critical you get immediate medical attention because dog bites pose a high risk of infection and resulting complications
- Pain and suffering: Many delivery people experience post-traumatic stress disorder (PTSD), long-term pain, and other challenges that qualify as pain and suffering following a dog bite incident
- Lost income and other work-related damages: Pain, the recovery process, and lingering fear may come at a great professional and financial cost
Our Los Angeles wrongful death attorneys are available for those who lose loved ones due to dog bites.
Call KJT Law Group Today for Your Free Consultation About Hiring a Los Angeles Dog Bite Accident Attorney
KJT Law Group has secured more than $100 million for our clients. We take offense when pet owners neglect the basic duty to protect package delivery professionals who are doing that owner an important service. Let a Los Angeles dog bite accident lawyer from our firm demand justice for you.
Call KJT Law Group today for your free consultation. Whether you sue or file a workers’ compensation claim, our attorneys are ready to fight for you.