Dog Bites While on the Job (Workers’ Compensation vs. Personal Injury)

When Doing Your Job Becomes Dangerous

Most people don’t expect a normal workday to end in a trip to the emergency room. But for many Tennesseans who work in public-facing roles—postal workers, delivery drivers, home healthcare professionals, utility workers, landscapers, contractors, and inspectors—a dog bite is a very real occupational hazard. An otherwise routine task like delivering mail or reading a water meter can turn violent in seconds if a dog is not properly restrained.

These workers are lawfully present on private property as part of their job duties, and when they’re attacked, they may have multiple legal options. Understanding the difference between workers’ compensation benefits and a personal injury claim is essential to making sure that no source of compensation is overlooked. At the Law Offices of John Day, P.C., we help injured workers across Brentwood, Nashville, Murfreesboro, and all of Middle Tennessee get the answers and legal support they need after a dog bite on the job.

The Legal Landscape for Job-Related Dog Bite Injuries

When someone is bitten while performing their job duties, they may have access to two distinct avenues of compensation. First, they may be entitled to benefits through the workers’ compensation system. Second, they may have a separate civil claim for personal injury if the dog owner or another party was negligent.

Workers’ compensation is designed to protect employees who are injured during the course and scope of employment. Under Tennessee Code Annotated § 50-6-103, most employers are required to provide workers’ compensation insurance that covers medical treatment, partial wage replacement, and permanent disability benefits. These benefits are available regardless of fault, meaning you do not have to prove that your employer—or the dog owner—did anything wrong in order to receive coverage.

However, workers’ compensation benefits are often limited. They may not cover the full extent of your lost wages, and they do not provide compensation for pain and suffering, mental anguish, or loss of enjoyment of life. For this reason, many dog bite victims also explore filing a personal injury claim against the owner or caretaker of the dog. This type of claim can result in a more complete financial recovery but does require showing that the other party was negligent or is strictly liable under Tennessee law.

How Tennessee Dog Bite Law Supports Injured Workers

Tennessee’s dog bite statute—Tennessee Code Annotated § 44-8-413—provides an important legal foundation for job-related injury claims. This law imposes strict liability on dog owners when their dog attacks a person in a public place or on private property where the victim had a lawful right to be. For workers lawfully entering private property to complete their job, such as postal workers or service technicians, this statute often applies.

Strict liability under this statute means that a dog owner can be held responsible even if the dog has never bitten anyone before and even if the owner was not acting negligently. As long as the victim was behaving peaceably, not trespassing, and not provoking the animal, the dog owner is liable unless one of the statute’s exceptions applies.

One key exception arises when a dog bite occurs on the owner’s residential, non-commercial property. In that case, the worker must prove that the dog owner knew or should have known that the dog had dangerous propensities. This is a return to the traditional negligence standard, which may require evidence such as prior complaints, citations, or aggressive behavior by the dog.

Choosing the Right Legal Strategy: Workers’ Comp or Lawsuit?

A dog bite victim does not have to choose between workers’ compensation and a personal injury lawsuit. In many cases, both paths can be pursued simultaneously. If you are injured while working and your employer provides workers’ compensation coverage, you can file a claim for those benefits. At the same time, you may bring a third-party personal injury claim against the dog’s owner if their negligence or the dangerous behavior of their dog contributed to your injury.

The workers’ compensation claim provides immediate medical coverage and a portion of your lost income. It may also include benefits for temporary or permanent disability. However, you cannot recover damages for pain, emotional trauma, or diminished quality of life through the workers’ comp system alone.

A personal injury lawsuit allows for recovery of damages not covered by workers’ comp, including pain and suffering, mental distress, loss of consortium, and future loss of earning capacity. In cases involving serious disfigurement, long-term psychological injury, or permanent impairment, these non-economic damages can be substantial.

To successfully pursue a third-party claim, it must be shown that the dog owner or another responsible party had a duty to keep their dog under control, breached that duty, and caused your injury. If strict liability applies under § 44-8-413, this burden is significantly easier to meet.

Understanding the Workers’ Compensation Process

If you are injured by a dog while performing your job, the first step is to notify your employer as soon as possible. Under Tennessee law, employees generally must report injuries within 15 days of the incident. Your employer should then file a First Report of Injury and direct you to an approved medical provider for evaluation and treatment.

Workers’ compensation benefits include payment for all reasonable and necessary medical expenses, a portion of your lost wages if you miss work, and benefits for temporary or permanent disability depending on the extent of your injuries. If your injuries prevent you from returning to your previous job, vocational rehabilitation may be available.

It is important to follow all recommended treatment and attend appointments, as missing care can jeopardize your claim. Keep detailed records of all medical visits, work restrictions, prescriptions, and communication with your employer or insurer. If you are denied benefits or feel that your compensation is insufficient, you have the right to appeal or request a hearing before the Tennessee Bureau of Workers’ Compensation.

How a Personal Injury Claim Differs

A personal injury lawsuit is entirely separate from your workers’ compensation claim and is filed against the person or entity whose dog caused your injury. This claim is typically handled through the dog owner’s homeowners or renters insurance. If the attack occurred on a commercial property, the business’s general liability insurance may also apply.

Personal injury claims require a more detailed investigation than a workers’ comp claim. Your legal team must collect evidence of the dog’s behavior, the owner’s knowledge or prior warnings, and the circumstances of the attack. Medical records, witness statements, animal control reports, and photos of the injuries all help build the case.

Unlike workers’ compensation, which pays based on schedules and medical documentation, a personal injury claim takes into account the full impact on your life. If you experienced significant pain, emotional suffering, or visible scarring, these damages can and should be considered. Our firm ensures these claims are fully documented and supported with expert testimony when needed.

Coordinating Both Claims for Maximum Recovery

Handling both workers’ compensation and a personal injury claim requires coordination to avoid conflicts and ensure that benefits are not duplicated. For example, if your employer’s insurance covers your medical bills, that amount may need to be reimbursed out of your personal injury settlement. This is known as subrogation, and Tennessee law governs how and when reimbursement must occur.

Our firm handles both types of claims with an eye toward maximizing your net recovery. We ensure that all paperwork is filed correctly, deadlines are met, and benefits are pursued from every available source. We also negotiate with insurance carriers to reduce subrogation claims wherever possible so that our clients retain as much of their settlement as the law allows.

Common Occupations at Risk

While mail carriers and delivery drivers are well-known dog bite victims, many other workers face similar risks. Utility workers checking gas or electric meters, cable and internet technicians installing or repairing service, home healthcare providers visiting patients, maintenance crews, pest control professionals, and landscapers may all encounter aggressive dogs while doing their jobs.

In some cases, the dog may not even belong to the homeowner or customer. It may be the animal of a neighbor, tenant, or visitor. Regardless of ownership, if a worker is bitten while lawfully performing job duties, they may have a valid claim for damages under Tennessee law.

Even employees working indoors can be at risk. A receptionist, nurse, or technician in a veterinary clinic, grooming salon, or pet-friendly store may be bitten by a customer’s dog. These workers also have the right to pursue legal action if negligence or failure to enforce safety rules contributed to the attack.

Real-Life Case Example: Utility Technician Attacked Behind a Gate

One of our clients was a utility technician who was performing a meter reading at a residential home. The property owner had left the gate unlatched, and a large dog charged from the backyard, knocking the technician to the ground and biting his arm. The homeowner claimed the dog had never bitten before, but animal control records showed two prior incidents, including a warning letter from the county.

We filed a workers’ compensation claim that covered our client’s immediate medical needs and lost wages. Simultaneously, we filed a personal injury claim against the homeowner, supported by veterinary records, neighbor statements, and the client’s extensive physical therapy documentation. The client received a settlement that accounted for his long-term functional limitations and emotional recovery, far beyond what workers’ compensation alone would have provided.

Why Legal Representation Matters

Attempting to manage a dog bite claim on your own—particularly one involving multiple claims and insurance policies—can be overwhelming. Employers may delay or deny workers’ compensation benefits. Dog owners may refuse responsibility. Insurance companies may downplay the severity of your injury or attempt to settle for less than you deserve.

At the Law Offices of John Day, P.C., we are committed to making sure injured workers receive full and fair compensation. We investigate, document, and build your case while you focus on recovery. We have decades of experience handling personal injury and workplace injury claims, and our attorneys are regularly recognized for their skill, ethics, and results. Our goal is to deliver the peace of mind and financial security you need to move forward.

Contact the Law Offices of John Day, P.C.

If you’ve been bitten by a dog while on the job—whether in a residential neighborhood, commercial property, or private home—you have legal options. We are here to explain your rights, coordinate your claims, and help you secure the compensation you deserve.

Call us today at (615) 742-4880 for a free consultation. We proudly serve clients from our offices in Brentwood, Nashville, and Murfreesboro, helping injured workers across Davidson County and Middle Tennessee rebuild their lives after serious injury.