Delivery drivers can suffer serious injuries when a dog attacks during a delivery. In California, the injured driver may have a claim against the dog owner, a workers’ compensation claim, or both.
California Dog Bite Law Protects Lawful Visitors
California uses a strict liability rule for dog bites. This means a dog owner can be responsible when their dog bites someone in a public place or someone lawfully on private property. The injured person does not have to prove the dog had bitten someone before. The injured person also does not have to prove the owner knew the dog was dangerous.
Types of Compensation Available
If the delivery driver works as an employee and the bite happens while making deliveries, the injury may qualify as a work-related injury. Workers’ compensation can cover reasonable medical treatment and part of the driver’s lost wages while they recover. It can also provide benefits for lasting impairment when the injury does not fully heal.
An injured delivery driver can also file a separate personal injury claim against the dog owner or another responsible third party in addition to workers’ comp benefits for the losses that aren’t covered. For example, the one-third of the worker’s weekly wages that aren’t paid by workers comp or uncovered medical treatment.
What if the Delivery Driver Wasn’t an Employee?
Some delivery drivers work through delivery apps or contractor arrangements. That distinction can affect workers’ compensation benefits. However, the dog owner’s liability still applies. If a driver was lawfully making a delivery when the bite happened, the driver may still have a personal injury claim against the dog owner.
What to Do After a Dog Bite During a Delivery
After a dog bite, a delivery driver should take a few important steps as soon as possible:
Report the bite to the employer, delivery company, or app platform right away.
Get medical care, even if the bite looks minor. Dog bites can cause infection, nerve damage, scarring, and other complications.
Take photos of the injury, the dog, the property, the delivery area, and any warning signs.
Save proof of the delivery, including app screenshots, customer messages, route details, and delivery confirmation.
Keep copies of medical records, work reports, and any communication with the dog owner or insurance company.
These details can make a major difference if the dog owner later disputes what happened. They may claim you went to the wrong area, ignored a warning sign, provoked the dog, or had no permission to be on the property. Clear documentation can help show where the driver was, why they were there, and how the bite occurred.
How Long Do I Have to File a Claim?
California generally gives two years from the date of injury to file a personal injury lawsuit, but workers’ compensation has separate deadlines. A delivery driver bitten while working should report the injury to the employer, delivery company, or app platform as soon as possible. In California, waiting more than 30 days to report a work injury can put workers’ compensation benefits at risk.
After the worker reports the bite, the employer must provide a DWC-1 workers’ compensation claim form. The worker fills out the employee section and returns it to the employer. In many cases, a worker has one year to file the required workers’ compensation paperwork if they need benefits or if there is a dispute about the claim.
