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On-the-job dog bites

Bitten by a dog while working

Mail carriers, delivery drivers, home health aides and contractors: you may have both a workers’ comp claim and a claim against the dog owner.

Some people are bitten simply because their job takes them to other people’s doors: mail carriers, package and food delivery drivers, utility and cable workers, meter readers, home health aides, nurses, contractors, real estate agents and inspectors. If you were bitten while working, you may have two separate sources of recovery — and many workers only use one.

Michigan’s dog bite law protects workers

Michigan’s dog bite statute makes an owner liable when their dog bites someone who didn’t provoke it and was lawfully on the property. The law specifically treats people performing duties required by law or by U.S. postal regulations as lawfully on private property — and invited workers like delivery drivers, aides and contractors generally qualify too. Learn how the statute works.

Claim 1: Workers’ compensation

If you’re an employee, Michigan workers’ compensation generally pays your medical treatment and a portion of your lost wages for an on-the-job injury, regardless of fault. Report the bite to your employer right away — delays in reporting can create problems. Federal employees, including postal workers, use the federal workers’ compensation system instead.

Claim 2: A claim against the dog owner

Workers’ compensation doesn’t pay for pain and suffering, scarring or emotional distress, and it only replaces part of your wages. A claim against the dog owner — usually paid by their homeowner’s or renter’s insurance — can cover those losses. Michigan law generally allows injured workers to pursue this kind of third-party claim.

Why the two claims must be coordinated

The workers’ compensation insurer usually has a right to be repaid from what you recover from the dog owner. How that reimbursement is calculated and negotiated can significantly affect how much you take home. Handling both claims with a plan — rather than one at a time — protects your recovery.

We recently resolved a Michigan dog bite claim for a six-figure settlement in 30 days. (Every case is different, and prior results don’t guarantee a similar outcome.)

What to do if you’re bitten on the job

  1. Get medical care and tell the provider it happened at work.
  2. Report the injury to your employer in writing as soon as possible.
  3. Report the bite to animal control and note the address and owner.
  4. Photograph your injuries, the location and any torn uniform or equipment.
  5. Talk to a lawyer before giving a recorded statement to any insurer.

Frequently asked questions

Can I get workers’ compensation and also sue the dog owner?

Often, yes. Michigan workers’ compensation generally covers on-the-job injuries regardless of fault, and you can usually also bring a claim against the dog owner, who is a third party. The workers’ compensation carrier typically has a right to be reimbursed from that recovery, so the two claims need to be coordinated carefully.

I’m a mail carrier. Is my claim different?

Postal workers are federal employees, so their on-the-job injury benefits come through the federal workers’ compensation system rather than Michigan’s. But Michigan’s dog bite statute specifically protects people lawfully on property while performing their duties, including under U.S. postal regulations — so a claim against the dog owner is often strong.

I deliver for an app and I’m an independent contractor. Do I have any options?

You may not have workers’ compensation, but you can still bring a claim against the dog owner, usually paid by their homeowner’s or renter’s insurance. Some delivery platforms also carry their own accident coverage for drivers. We can help you find out what applies.

Hurt in a crash, bitten by a dog, or charged with a crime? Talk to David today.

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