For many Ohio workers, dogs are simply part of the job. Delivery drivers, postal workers, utility workers, contractors, and home service professionals regularly enter private property where they may encounter unfamiliar dogs.
If you’re bitten while performing your job duties, you may be wondering who pays for your medical bills and lost income. In many cases, the answer is more than one source. Workers’ compensation may cover your work-related injury, and you may also have a separate claim against the homeowner or their insurance company.
Here’s what Ohio workers should know after suffering a dog bite on the job and how a workers’ compensation attorney can help you receive the full benefits you are owed.
When Workers’ Compensation Covers a Workplace Dog Bite
Ohio’s workers’ compensation system covers injuries that arise out of and occur during the course of employment. Because it is a no-fault system, you usually do not have to prove that your employer or anyone else acted negligently to qualify for benefits.
If a dog bites you while you’re performing your job responsibilities, your injury is typically covered.
Workers most at risk of dog bites:
- USPS, UPS, FedEx, Amazon, and other delivery drivers
- Contractors, electricians, plumbers, HVAC technicians, and other tradespeople entering private homes
- Utility workers and meter readers
- Home health aides and caregivers
- Landscapers and other professionals working on residential property
If your claim is approved through the Ohio Bureau of Workers’ Compensation (BWC), workers’ compensation may provide benefits for:
- Reasonable and necessary medical treatment
- A portion of your lost wages if you’re unable to work
- Rehabilitation services when needed
However, workers’ compensation does not cover injured workers’ pain and suffering, emotional distress, or permanent scarring.
Homeowners Have a Responsibility to Control Their Dogs
Under Ohio Revised Code Section 955.28, a dog’s owner, keeper, or harborer is liable when their dog injures someone who is lawfully on the property. Ohio law does not require the injured person to prove the dog previously bit someone or had a known history of aggression.
Homeowners should take reasonable steps to prevent their dogs from injuring visitors by:
- Securing dogs before opening the door
- Using fences, gates, or leashes when appropriate
- Warning workers about aggressive animals
- Keeping dogs under control while service work is being performed
Limited defenses, such as trespassing or provoking the dog, do not apply to delivery drivers, contractors, or other workers who are lawfully on the property performing their jobs.
Can You Also File a Homeowners Insurance Claim?
In many situations, yes. A workplace dog bite may involve both a workers’ compensation claim and a claim against the homeowner’s insurance policy.
Many homeowners’ insurance policies include personal liability coverage for dog-bite injuries. Depending on the circumstances, that coverage may help compensate an injured worker for damages beyond what workers’ compensation provides.
Coverage varies by policy, however, and some homeowners’ insurance policies exclude certain dogs or limit coverage under specific circumstances.
If coverage applies, a homeowners’ insurance claim may help pay for:
- Medical expenses not covered by workers’ compensation
- Additional lost income or reduced earning capacity
- Pain and suffering
- Permanent scarring or disfigurement
- Emotional distress
This can be important after serious attacks that require surgery, cause nerve damage, leave permanent scars, or result in long-term psychological trauma.
Independent contractors who are not covered by an employer’s workers’ compensation insurance may also be able to pursue a homeowners’ insurance claim after a dog bite.
When Can You Sue the Homeowner?
Workers’ compensation is the exclusive remedy against your employer for a workplace injury. However, because the homeowner is a third party rather than your employer, you may still be able to pursue a personal injury claim against them while also receiving workers’ compensation benefits.
Depending on the circumstances, pursuing a claim against the homeowner or their insurer may be appropriate if liability is disputed, insurance coverage issues arise, or your damages exceed the benefits available through workers’ compensation.
If you recover compensation from the homeowner or their insurer, the Ohio BWC may have a right to reimbursement for certain benefits it previously paid. This helps prevent duplicate recovery for the same losses while still allowing injured workers to pursue compensation unavailable through workers’ compensation.
An attorney can evaluate both claims, protect your interests throughout the process, and help maximize your overall recovery.
What Should You Do After a Workplace Dog Bite?
The steps you take after a dog bite can protect both your health and your legal rights.
If possible:
- Report the injury to your employer immediately
- Seek medical treatment as soon as possible
- Photograph your injuries, torn clothing, and the location where the attack occurred
- Identify the dog and ask for the owner’s name, address, and contact information
- Collect contact information for any witnesses
- Follow all recommended medical treatment and keep copies of your medical records
Prompt reporting and thorough documentation can strengthen both a workers’ compensation claim and any potential claim against the homeowner. Even small puncture wounds can become infected, making immediate medical evaluation crucial after any dog bite.
Reporting the dog bite to the appropriate local health department or animal control agency can help officials investigate the incident, verify the dog’s rabies vaccination status, and address any public health concerns.
Explore Your Legal Options After a Workplace Dog Bite
A workplace dog bite can involve multiple insurance claims, overlapping legal issues, and questions about who is ultimately responsible for your injuries.
For nearly a century, Nurenberg, Paris, Heller & McCarthy has represented injured Ohioans and guided workers through complex injury claims. Our attorneys can evaluate whether you have a workers’ compensation claim, a third-party claim against the homeowner, or both.
Your recovery matters. Contact Nurenberg, Paris, Heller & McCarthy today for a free consultation to protect your rights and explore every available path to compensation.
