More and more people are ordering online driving an increased demand for delivery drivers for companies like Amazon, Fedex and UPS. There has also been growth in meal delivery services like Uber Eats and Grubhub. With the climb in delivery requests, the chances of delivery drivers attacked or bitten by a dog increases.
If a delivery driver is bitten or attacked by a dog, they do have the right to sue for compensation for their dog bite injuries. While delivering a package or providing a service on a person’s property, they have a purpose to be on the premises. As they are performing duties necessary in their line of work, they may also be entitled to a Workers’ Compensation claim.
In 2019, Philadelphia, PA made the USPS list of one of the top ranking cities for dog attacks. Dogs attacking delivery drivers is a real threat to those workers. Workers often need care after a dog attack which can affect their ability to work.
Delivery drivers this could affect include:
- Package delivery drivers like Amazon, Fedex or UPS
- Mail delivery workers or postal workers with the United States Postal Service (USPS)
- Meal delivery drivers like Uber Eats, Grubhub or DoorDash
- Landscapers
- Flower delivery shops
- Meter readers
- Cable and internet installers
- First responders such as police, ambulance or firefighters
Suing the Dog’s Owner(s) or Other Responsible Parties
If a person sustains physical, mental or emotional injuries as a result of a dog attack or bite, the owner of the dog is responsible for those damages. Delivery drivers and postal carriers have a lawful right to be on the premises of homes to do their job. If they have not provoked the dog and it attacks, they have the right to sue the owner for compensation.
Workers’ Compensation Claim
A person injured while doing their job is likely entitled to a claim for workers’ compensation benefits if they are unable to work due to the injury. In most cases of a claim through workers’ compensation, the claim will cover a worker’s medical expenses and time off from work. This would not be the case for independent contractors.
Our FedEx dog bite policy post explains more about the company and the process delivery drivers go through to make a claim and secure a fair dog bite settlement.
Each individual’s situation is different and it is best to speak to an attorney about your case.
What is the Difference Between the Workers’ Compensation Claim and Suing the Dog Owner
Generally speaking, the workers’ compensation claim will cover medical expenses and lost wages. A dog’s owner would be responsible for non-economic losses such as pain and suffering or emotional distress. This could be particularly relevant if, for instance, a driver has become fearful of performing their job after a dog attack.
Dog owners can prevent an attack by keeping their dog in a kennel or seperate room when they are expecting a delivery or opening the door. Embrace Pet Insurance offers some tips for dog owners to keep dogs and delivery drivers safe.
Every dog attack case is different. You should get the advice of an experienced personal injury attorney on the particulars of your dog attack case. Even if your place of work is managing your worker’s compensation claim, you should still speak with a dog bite attorney to understand your rights and responsibilities. If you’re a delivery driver that has been attacked or bitten by a dog, contact Jeffrey Harlan Penneys for a free consultation or to discuss your case.
Photo by Victória Kubiaki on Unsplash