There is a big difference between a dog biting a postal worker or a dog biting someone else.
This is because postal workers (and all employees) are covered by workers’ compensation insurance for injuries sustained while working. To be paid for medical care, lost wages and other expenses during recovery, a postal carrier would file a workers’ compensation claim.
Workers’ compensation is available for any injury sustained by an employee while on the job or at work.
Workers’ compensation coverage is extremely limited and specific. While workers’ compensation insurance should cover all medical expenses, it does not pay for lost wages. It doesn’t pay for pain and suffering, emotional distress, or other non-economic damages.
You can file a third party liability lawsuit against the dog owner if you sustain severe injuries from a dog bite. This means that you can file a lawsuit against the dog’s owner and bypass workers’ compensation.
Dog bite injuries are not covered by insurance
California has a strict liability rule regarding dog bites. This effectively eliminates the need for the dog owner to prove negligence. It holds the owner responsible for any dog bite, even if there was no reason to believe the dog was aggressive or violent.
California dog owners are responsible for their pet’s bite if they:
- There is no evidence to suggest that the dog was provoked by the victim.
- The victim was either bitten while in public or on private property.
If they were there to deliver the mail, a postal worker is legally on private property.
California dog bite cases are often defended by the owner. They will say that the victim was trespassing on their property or that the dog provoked them. In the case of a mail carrier, neither would be valid. If they are legally delivering mail, they aren’t trespassing. They would not be considered to have provoked the dog by their mere presence.
Seeking damages for a California dog bite injury
You can sue a dog owner if it bites you. The damages include:
- Treatment includes doctor or hospital visits and prescription medication. It also includes ongoing physical or rehabilitation therapies, prosthetic or assistive device, and other medical treatment. ;
- Loss wages (past and future), if you are unable to return work following an injury.
- Emotional distress, pain and suffering and other mental anguishes;
- If the bite prevents you from enjoying activities that you once enjoyed,
- Loss in consortium is an action that a family member can take if they are unable to appreciate your companionship.
Summarized from an article by MVP Accident Attorneys.
