Dog Bites Involving Delivery Drivers in Washington State

How Delivery Workers Can Pursue Compensation After a Dog Attack

Every day, delivery drivers walk up to front doors with packages, letters, and utility notices, expecting nothing more dangerous than a flight of steps or a slippery sidewalk. But for many mail carriers, Amazon drivers, FedEx workers, and utility employees, the greatest risk isn’t the job itself. It’s the moment a dog charges from behind a fence, a cracked door, or a front yard.

Dog bites involving delivery drivers are far more common than many people may realize. The U.S. Postal Service reports thousands of bites against its carriers each year, with Washington State ranking near the top of the list in recent years. Private carriers, such as Amazon, UPS, and FedEx, have also reported an increase in injuries as the number of packages delivered to homes each day grows.

When these attacks happen, the injuries can be devastating, ranging from puncture wounds and infections to permanent nerve damage, scarring, or post-traumatic stress disorder (PTSD). But the legal issues can be just as overwhelming. Many injured drivers don’t realize they may have two separate claims: a workers’ compensation claim through Washington’s Department of Labor & Industries (L&I) and a personal injury claim against the dog’s owner (in which case there may be homeowners or renters insurance that provides coverage for the attack).

At The Scott Law Firm, PLLC, attorney Colin Scott can fight for delivery workers who have been bitten or attacked by a dog. As a Vancouver dog bite lawyer, Mr. Scott also knows how to navigate the overlap between workers’ compensation laws and personal injury laws to make sure his clients recover the full compensation they deserve.

Why Delivery Drivers Face a Higher Risk of Dog Bites

Unlike other professions, delivery workers encounter unfamiliar properties on a daily basis. They don’t know whether a homeowner has a protective fence, a loose latch, or a dog that has shown aggression in the past. The unpredictability makes every stop a potential danger.

Even dogs that appear friendly can react aggressively to perceived intruders. They may be triggered by uniforms, vehicles, or the sound of a gate opening. When packages are delivered late at night or early in the morning, visibility can also be poor, making it even harder to anticipate an attacking dog.

Unfortunately, these situations can sometimes lead to an attack and severe injuries. For delivery drivers and mail carriers who depend on their physical health to do their jobs, a bite can put their entire livelihood at risk.

How Washington’s Dog Bite Laws Protect Delivery Drivers

Washington has one of the strongest dog bite laws in the nation. Under RCW 16.08.040, dog owners can be held strictly liable for injuries caused by their dogs, regardless of whether the animal has ever bitten anyone before.

That means a delivery driver bitten while lawfully on private property (such as performing work duties) doesn’t need to prove the dog’s owner knew the animal was dangerous. So long as the driver wasn’t trespassing or provoking the dog, the owner can be held legally responsible.

What Claims Are Available After a Dog Bite on the Job?

Delivery drivers bitten by a dog in Washington may have two legal options when it comes to recovering compensation for their injuries:

Workers’ Compensation

Filing a workers’ compensation claim, which must be filed timely, can provide some immediate benefits to the injured worker, regardless of who is at fault. For example, delivery drivers who are employed by companies like USPS, UPS, FedEx, Amazon, PGE, etc., so long as they are an employer based in the State of Washington, are generally going to be covered under Washington’s workers’ compensation statutes. Even if the employer is self-insured, the same set of laws will still generally apply.

Benefits may include:

• Medical treatment
• Time loss compensation
• Vocational services
• Permanent partial disability (cash payment for functional loss)
• Permanent total disability (aka Workers Compensation Pension)

The drawback is workers’ compensation generally does not provide compensation for what is sometimes referred to as pain and suffering.

Personal Injury Claim Against the Dog’s Owner

In addition to workers’ compensation benefits, injured delivery workers may also have the option to file a personal injury claim against the dog’s owner. This type of claim can provide damages beyond what L&I covers, including certain noneconomic damages that are defined by statute in Washington as: “…subjective, nonmonetary losses including, but not limited to, pain, suffering, inconvenience, mental anguish, disability or disfigurement incurred by the injured party, emotional distress, loss of society and companionship, loss of consortium, injury to reputation and humiliation, and destruction of the parent-child relationship.” RCW 48.140.020

By pursuing both claims, victims may have the ability to maximize their recovery and address both the immediate and long-term consequences of the attack.

What Injuries Are Common in Delivery Driver Dog Bite Cases?

The injuries from a dog attack can be serious or even life-threatening. Delivery drivers who are attacked by dogs frequently suffer:

• Puncture wounds and lacerations that risk infection.
• Crush injuries when large dogs clamp down on fingers, hands, arms or legs.
• Nerve damage leading to weakness or loss of function.
• Scarring and disfigurement.
• Psychological trauma, such as fear of returning to work and delivering to homes with dogs.

Many of these injuries require not only emergency medical care, they may also need one or more surgeries, physical therapy, and/or counseling. In severe cases, some workers may never fully regain the ability to perform their job again.

Steps Delivery Drivers Should Consider Taking After a Dog Bite

If you’re a delivery driver bitten by a dog in Washington, it is important to take appropriate steps in order to protect your health first as well as your legal options moving forward. Depending on the circumstances, this may include:

1. Seeking emergency medical care. Even seemingly “minor” puncture wounds can become infected if left untreated.
2. Reporting the incident to your employer and to your local animal control.
3. Documenting everything, including photos of injuries, the property, and the dog if possible.
4. Contacting an experienced dog bite attorney.

These are just some of the steps that may be helpful following a dog-related attack or injury. The actions taken in the hours and days following the attack can significantly impact your ability to recover financial compensation. Therefore, it is best to consult with a qualified attorney who can offer advice that is tailored to your individual needs.

How The Scott Law Firm, PLLC Helps Delivery Workers

At The Scott Law Firm, PLLC, we’ve seen how dog attacks can upend the lives of victims who are both young and old. From the first call, we can provide guidance on how to protect your legal rights moving forward. We can also advise you whether, in our opinion, it would be beneficial (or even possible) for you to file both a worker’s compensation claim and a personal injury claim. Our case results speak for themselves.

Talk to a Vancouver Dog Bite Lawyer Today

Dog bites involving delivery drivers can be serious, and victims deserve full compensation for both the physical and emotional toll their injuries take. If you or a loved one was attacked while delivering mail, packages, or utility services in Clark County or anywhere in Washington, don’t try to navigate the system alone.

Contact The Scott Law Firm, PLLC today for a free consultation. We can explain your legal options and fight for the maximum recovery you deserve under Washington law.

Click here for a printable PDF of this article, “Dog Bites Involving Delivery Drivers in Washington.”