Frequently Asked Questions - FAQs
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What Jobs in PA Expose Workers To Dog Bites and Attacks?
When people think of dogs attacks at work, the mail carrier (formerly mailman) comes to most peoples' minds. In fact, the victim of many animal attacks and injury are those carrying United States mail (USPS). Pittsburgh ranks 21 among US cities having the highest number of attacks on postal workers. There, such claimants are covered under federal worker's compensation law, discussed below.
But truth is, each Pittsburgh lawyer handling dog bite claims in our firms sees a whole host of delivery people attacked, not just postal workers, as discussed below.
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Dog Bite Claims Covered by Pennsylvania Workers' Compensation Law
Apart from US Postal workers, nearly everyone else -- from delivery people for private delivery companies to cops attacked by police K-9s -- will have claims under Pennsylvania (state) law, not federal law. Moreover, this includes a wide array of persons, jobs, and industries:
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Private Delivery Companies: Amazon drivers / delivery, UPS delivery, Uber Eats, Grub hub, Door dash, In addition a claim against the dog owner, the worker injured by a dog on the job can also seek workers' compensation benefits.
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Food Delivery by Restaurants - Domino's and other restaurants.
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Residential Construction Workers / Home Improvement Contractors - These may include roofers, masonry people, concrete workers, utility lines (gas company, electric company, water authority) or other service jobs, where the worker might be exposed to a dog: construction workers, polices (K-9s) or others.
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Utility Company Employees: gas company employees, electric company workers, water authority or meter readers, or telecommunication / cable industry: Comcast, Xfinity, Verizon. utility lines (gas company, electric company, water authority). Also facing risk of attack are others in service jobs, where the worker might be exposed to a dog: construction workers, polices (K-9s) or others.
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Home Maintenance and Service: swimming pool cleaning and service, landscapers, and those maintaining yards,
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Animal Control People, are ones who investigate dog bites pursuant to criminal enforcement of PA's Dog Law,
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Police and Those Handling K-9s. Police dogs do attack innocent people, including their co-workers, and of course
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Dog walkers.
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All of the above jobs expose workers to injury from an attack by a canine. Also covered under the Pennsylvania Workers' Compensation Act are state and local government employees, such as police officers attacked by K-9 dogs or by dogs at places investigated by police.
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What are the Drawbacks of A Workers' Compensation Act Claim?
There are important limitations to claims under the Pennsylvania Workers' Compensation Act (or Workman's Compensation). For one, for time missed from work, the claimant can only get two thirds of her "average weekly wage." In contract, one's claim against the dog owner can be for the entire amount of lost wages from the attack.
Secondly, the Workers' Compensation Act only provides for a lump sum "scar payment" (apart from time actually missed from work) for disfigurement from the neck up. In other words, if you have a scar, but no missed time from work n Pennsylvania, you cannot receive a lump sum (set number of weeks) unless the injury is:
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permanent, and
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involves provable and unsightly disfigurement or scarring of the head, face, or neck during their employment.
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But don't worry. Any gap in coverage provided by Worker's Compensation can be bridged by the dog owner's home owner insurance or renter's insurance. Such coverage is not required in PA, but many have it anyway. Our Pittsburgh lawyers explore all possible sources of dog bite coverage.
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What if the Employer is also the Dog Owner?
What is, say, your employer owns the dog that attacks you? This scenario, though unlikely, is the most limiting of all drawbacks of workers' comp as it relates to dog bites. In fact, Pennsylvania's Worker's Compensation Act limits claims against employers to (a) medical expenses and (b) two thirds of the worker's average weekly or, (c) a lump sum for scars or disfigurement above the neck only.
These are significant limitations, because worker's compensation exists for two reasons. First, to both get workers back on their feet. Secondly, it exists to protect employers by controlling costs of injury claims. This means, an employer cannot be sued in the Court of Common Pleas for it's worker's dog bite injuries on the job.
It also means there can be no claim on the employer -- whether the employer owns the dog or not -- for negligent control of the dog. Further, there can be no award against the employer in PA for punitive damages, emotional distress (for one's self or seeing a loved one attacked), or disfigurement or disfiguring scars below the neck.
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What Rights do US Postal Worker's Have Regarding Worker's Comp Claims?
Here, federal law governs the right to worker's compensation. Moreover, like claims involving PA's Workers' Compensation Act, federal law prohibits a worker from suing the employer (here, the federal government) in the State or County Court system.
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How Can Postal Workers or Mail Carrier's Prevent Bites?
The United States Postal Service (USPS) also provides advice about how to avoid a dog bite on the job. Click here for more. Postal service workers bitten or attacked by dogs are covered by the Federal Employee's Compensation Act (FECA). Plus, this falls under the U.S. Department of Labor's (DOL) Office of Worker's Compensation Programs (OWCP), which administers FECA. Moreover, here is how the US Department of the Interior describes the benefits provided:
When an employee sustains a job-related injury or illness, the Department is committed to providing initial medical treatment, referral, and follow-up attention under the FECA. This coverage is for all civilian employees of the United States. Contract employees, volunteers, and loaned employees are covered under some circumstances. Plus, FECA is administered by the Department of Labor's Office of Workers' Compensation Programs (OWCP).
In terms of the amount of compensation under FECA for a dog bite injury on the job, FECA pays as follows;
OWCP pays compensation at 66 2/3% of your pay rate (if you have no eligible dependents) or at 75% (if you have at least one eligible dependent), while official leave is paid at 100% of your pay rate. Additionally, to buy back your leave, you have to pay your agency the difference between what you were paid and what you would have received for compensation.
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Can a Package Delivery Be Suspended Due to A Dog Being Present?
Yes. Moreover, the USPS provides sample letters that a mail carrier can send to the dog owner. The answer is: yes. Amazon, UPS and others include limiting language in the fine print of contracts with their customers.
Likewise, the USPS provides sample letters for mail carriers to give dog owners:
We were unable to deliver your mail recently because your unrestrained dog threatened our letter carrier.
We previously notified you of our concern that your dog might have a propensity to attack and to bite or otherwise injure your letter carrier. That concern was based on prior observations.
We are sorry for any inconvenience the interruption of your mail delivery might have caused. However, I think you can understand that the Postal Service™ must protect its employees from potential injury.
If your carrier is threatened by your unrestrained dog again, we must take further action. That action will require you to either arrange to obtain your mail at a Post Office™ box or install a mail receptacle at the curb in front of your residence for home delivery.
To restore delivery at this time, please pick up your mail at our Post Office, which is located at [Address]. Plus, you will be asked to sign a statement assuring us that you will keep your dog restrained during normal delivery hours.
Thank you for your cooperation.
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Are Animal Control Personnel Protected by Statute For Their Work on the Job?
Yes.
§ 6-109 DOGS; INTERFERENCE WITH OFFICIALS.
It shall be unlawful for any person to hinder, delay, or interfere with any Animal Control Officer who is performing any duty enjoined upon him by the provisions of this article, or to break open, or in any manner directly or indirectly aid, counsel, or advise the breaking open of the Animal Shelter, or other vehicle used for the collecting or conveying of dogs to the shelter.
(Ord. 2297, passed 1-20-2009)
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Paying Back Workers' Comp Insurance
Workers' compensation carriers who pay benefits for a dog bite or animal attack are entitled, statutorily, to be paid back out of any settlement with the dog owner. Hence, you need a competent lawyer to make sure worker's comp is paid back. Otherwise, you could have liability for not protecting the worker's compensation rights to re-payment, or subrogation, unless there is a waiver.
Conclusion
Contact a Pittsburgh lawyer at our firm for any dog bite or animal attacks on a worker, in his or her scope of employment. Call our Western PA advocates for a Free Consultation.
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