California Dog Bite Law: Can Workers’ Compensation Affect Your Case?
What is Workers’ Compensation?
In California, workers’ compensation is a mandatory insurance program that provides medical care and wage replacement to employees who suffer job-related injuries or illnesses. It is a no-fault system, meaning that an employee typically does not need to prove that the employer was negligent in order to receive benefits. If you are injured on the job, you can notify your employer, and they must provide you with a claim form, which will usually be processed by their insurance administrator.
Can You Claim Workers’ Compensation If A Dog Injures You?
If you are injured by a dog while you are working, for example, if you are a mail delivery employee who is attacked by a homeowner’s dog while in the course of employment, you can file a claim with your employer for workers’ compensation. Your workers’ compensation claim will likely entitle you to:
- Costs of your medical care, services, and supplies as necessary
- Partial wage replacement for your lost income while you are recovering from your injuries
On the other hand, pain and suffering, including emotional distress, are not covered by workers’ compensation.
Can Workers’ Compensation Potentially Affect Your Dog Bite Claim?
California Labor Code § 3602 makes workers' compensation the sole and exclusive remedy of the employee against the employer. In other words, you cannot claim compensation from a dog bite sustained in the course of your employment both from workers’ compensation and by filing a separate civil lawsuit against your employer.
There are, however, certain exceptions to the exclusivity rule in workers’ compensation. For example, if you are injured because your employer decided to bring their dog to work, and the dog is unrelated to any activity of the business, it can be argued that the employer stepped out of their role as employer and should be treated as any third-party tortfeasor.
Workers’ compensation case does not prevent you from filing a civil lawsuit against a third party who is not your employer, such as:
- The owner of the dog (who is strictly liable for their dog’s actions)
- Another person or entity who owned, controlled, managed, or supervised the premises where the dog bite occurred (under a premises liability theory)
A California employee may theoretically pursue both workers' compensation benefits from their employer, and a civil tort claim against the non-employer dog owner or other third party whose negligence resulted in their injuries.
The amount of your workers’ compensation benefit may, however, affect the amount of damages you can claim in your civil lawsuit. For example, defense counsel may argue that the dog owner is not obligated to pay you the money to cover your medical care if you have already been compensated by workers’ compensation.
Another issue to consider is that the workers' compensation carrier has the right to seek reimbursement or place a lien for the benefits they paid out to the injured employee from any settlement or verdict obtained by said employee in a civil lawsuit.
Contact The Law Offices of Ali Taheripour
At The Law Offices of Ali Taheripour, we understand the complex issues that can arise in California dog bite litigation. We are mindful that a dog bite case is never simply another case number, but a highly emotional situation for all involved, which merits compassion and understanding. Whether you were injured in a dog attack in the course of your employment or you are an employer who is facing a dog bite claim from your employee, our team can help evaluate your situation and explain your legal options under California law.