A dog bite at work can leave more than a painful physical injury. Postal workers, delivery drivers, carers, engineers and other employees who visit homes as part of their job can face scarring, time off work and, in some cases, a significant psychological impact.
If you have been attacked by a dog while working, you may be entitled to claim compensation. Importantly, being injured at work does not necessarily mean that a claim has to be made against your employer.
Who can make a dog bite claim at work?
Workers who regularly enter or approach other people’s properties can be particularly exposed to dogs. Examples include:
- postal and courier workers;
- delivery drivers;
- carers and healthcare workers making home visits;
- utility engineers and meter readers;
- tradespeople and maintenance workers; and
- salespeople and other employees required to visit private premises.
A typical example is a delivery driver entering a customer’s property to deliver a parcel when an inadequately controlled dog attacks. Depending on the circumstances, there may be a claim against the dog’s keeper rather than the driver’s employer.
Who is responsible for a dog bite at work?
Liability depends on the facts of each case. A claim against a dog’s keeper may potentially arise under the Animals Act 1971, including where the statutory requirements concerning the dog’s characteristics and the keeper’s knowledge are satisfied. Other legal principles may also be relevant, so it is important not to assume that a dog owner is automatically liable simply because a bite happened.
There may also be circumstances in which an employer’s own actions need investigating, for example where the employer knew of a particular risk connected with a location or work activity but failed to take reasonable steps to protect an employee.
Getting specialist advice early can help establish the appropriate defendant and whether insurance is available. If insurance is not in place then recovery of compensation, even if liability is not an issue, can be problematic.
What should I do after a dog bite at work?
Evidence can make an important difference to a dog bite compensation claim. If possible:
- Report the incident to your employer and make sure the details are formally recorded.
- Photograph your injuries, damaged clothing and the location where the attack happened.
- Obtain the dog owner’s details and details of any relevant insurer, if available.
- Record witness details while events are still fresh.
- Seek appropriate medical attention and retain details of treatment received.
- Keep records of your losses, including lost earnings, travel expenses and other costs caused by the injury.
- Preserve other evidence, such as delivery records, doorbell or CCTV footage and correspondence concerning previous incidents.
How long do I have to make a dog bite claim?
Time limits apply for all personal injury claims and this includes dog bites. For personal injury claims in England and Wales, the usual starting point under the Limitation Act 1980 is three years, subject to important qualifications and exceptions. The three years runs from the date of the incident or, if the injured party is under the age of 18, from the date of their 18th birthday. The courts can extend this period but only in exceptional circumstances.
It is sensible to obtain advice well before any deadline so evidence can be secured, the circumstances investigated, and the claim initiated.
Speak to our dog bite solicitors
At Ison Harrison, our trusted, expert personal injury lawyers can assess the circumstances of a workplace dog attack, identify potential routes to compensation and guide you through the claims process. We can advise on funding options, including where a claim can be handled on a no win, no fee basis.
For a review and assessment of your dog bite claim get in touch with us today: