You were just doing your job. Maybe you were dropping a package on a porch, delivering mail along a quiet side street, arriving for a shift as a home health aide, or measuring a backyard for a new fence. Then a dog came around the side of the house, and now you’re dealing with stitches, missed paychecks and a lot of uncertainty.
Laurelton’s tree-lined streets of detached homes make dogs a big part of daily life here, and the people who come to those homes for work meet them up close, often without warning. If that’s what happened to you, this page is meant to help you understand where you stand. The short version: you may have more than one way to get paid, and you don’t have to pick just one.
Workers Who Tend to Meet Dogs First
You probably already know who you are, but here’s who we’re talking about:
- Delivery drivers walking up driveways and stepping onto porches all day
- Mail carriers covering routes along and off Merrick Boulevard
- Home health aides caring for clients inside homes where a family dog lives
- Contractors and repair workers in yards, basements and kitchens
- Meter readers, cable installers, landscapers and anyone else whose job means opening a gate
What these jobs share is that you’re on someone else’s property, following your employer’s schedule, with very little say over whether the dog is locked away when you arrive.
Two Paths, Side by Side
Path one: workers’ compensation
If you were bitten while working, you’ll generally get workers’ compensation through your employer. That’s the system built for on-the-job injuries, and it applies no matter whose dog bit you. Report the injury to your supervisor as soon as you can, and make sure it’s written down.
Path two: a claim against the dog’s owner
Here’s what many workers don’t realize. Workers’ comp doesn’t necessarily close the door on a separate claim against the dog’s owner. The owner isn’t your employer, so you may be able to pursue them too. Think of it this way: your employer’s coverage responds because you were working, and the owner’s coverage responds because of the owner’s dog. Those are two different reasons, which is why two claims can exist at once. That second claim can reach things workers’ comp typically doesn’t fully cover, like pain and suffering and disfigurement from scarring.
In most cases, that claim is paid by the owner’s homeowners or renters insurance, not out of the homeowner’s pocket. Our article on who pays after a dog attack in Queens explains how that coverage usually works.
What You’ll Need to Show About the Dog
For the claim against the owner, New York generally asks you to show that the owner knew, or should have known, that the dog had “vicious propensities.” That standard comes from Collier v. Zambito, a 2004 decision by the state’s highest court.
Workers are actually in a good position here. You’re rarely the first person to visit that house. Other carriers, drivers and technicians may have had trouble with the same dog. Signs that can help include:
- earlier bites or close calls with other workers
- growling, snapping or lunging at the door or fence
- a dog that jumps on anyone who arrives
- a “Beware of Dog” sign on the gate
- a dog kept chained or muzzled
- complaints, including ones made by your coworkers or your employer
If a dog was formally declared “dangerous,” the owner is strictly liable for the medical costs its attacks cause under Agriculture & Markets Law § 123. And if you were bitten at a business that keeps a guard dog, or at a rental where the landlord knew about the dog and could have removed it, those parties may share responsibility as well.
Right After the Bite: Your To-Do List
- Get medical care. Punctures can get infected, and deeper bites can injure nerves or tendons in your hands and legs.
- Find out who owns the dog and ask if it’s vaccinated against rabies. If nobody can say, you may need rabies shots.
- Tell your employer and make sure there’s a written incident report.
- Report the bite to the city within 24 hours using the NYC Health animal bite page.
- Photograph your injuries as they heal, plus your torn uniform and the spot where it happened.
- Get names and numbers of any witnesses, including neighbors or coworkers.
- Keep every bill, pay stub and doctor’s note.
Some Things You Might Be Worried About
“Will I lose my job for making a claim against a customer?” The claim against the owner is usually handled through their insurance company. Your lawyer deals with that insurer so you don’t have to.
“The adjuster wants a recorded statement.” You can say no until you’ve talked with a lawyer. That’s your right.
“I opened the gate. Is that my fault?” Opening a gate is often part of the job. And even if some fault is placed on you, New York’s pure comparative fault rule only reduces what you receive. It doesn’t cancel it. There’s more in our shared fault guide.
“I was in my work van. Does no-fault cover it?” No. The no-fault system is for car accidents, so it won’t cover a bite.
“How long do I have?” Generally three years to file a lawsuit against the owner, under CPLR § 214. If a city agency or public housing is involved, a notice of claim is usually due within 90 days, so don’t let that one slip by.
What Your Claim Can Include
Beyond what workers’ comp provides, a claim against the owner can seek medical bills, future care such as scar revision, lost wages, pain and suffering, and disfigurement. For people who work with their hands, a nerve or tendon injury can change what kind of work you’re able to do, and that deserves careful attention.
Let Us Handle the Second Claim
You’re already juggling a recovery, a workers’ comp case and maybe a return-to-work date. A Laurelton dog bite lawyer from our office can take on the claim against the dog’s owner and keep it coordinated with your comp benefits. The first consultation is free. We work on contingency, so you pay nothing unless we win. Our firm has recovered more than $80 million for injured New Yorkers, and we speak English, Russian and Spanish. If you can’t get around easily, we’ll meet you at home, in the hospital or on a video call.
Pick up the phone and dial 718.775.3110 whenever you’re ready, or send us the details through the contact form. You can also read about our dog bite practice or visit the Laurelton injury lawyer page.
Your route may cover more than one neighborhood. If the bite happened on a stop outside Laurelton, you may find our page for a dog bite lawyer in Rosedale helpful, or the ones for a dog bite lawyer in Cambria Heights and a dog bite lawyer in Springfield Gardens. Wherever your route took you, a dog bite lawyer in Laurelton can start with a single conversation.
Visiting Our Office
Our door is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, a quick trip from the Laurelton LIRR station area. The map lays out the route from Laurelton to our office.
Attorney Advertising. This page shares general information for workers bitten on the job and is not legal advice; your own situation, including any workers’ compensation issues, should be reviewed by a lawyer.