Can a Delivery Driver Sue for a Dog Bite?

Protecting Illinois Delivery Drivers from Dog Attacks

There are over 1.4 million delivery drivers in the United States, with Illinois having one of the highest numbers of delivery drivers per capita. With over 84,000 dogs in Chicago alone, Illinois drivers are at high risk of being attacked, leading to a crucial question: Can a delivery driver sue for a dog bite?

Generally speaking, anyone who is lawfully present on private property, whether delivering packages or simply visiting, has the right to make a dog bite claim. However, postal workers and other drivers may have several avenues toward pursuing financial compensation depending on their employment status. Dog Bite Injury Lawyer can help you explore your legal rights and file a claim.

Contact us today for a free consultation about your legal options.

Your Legal Rights as a Delivery Person in Illinois

Individuals delivering items to a residence or business are considered lawful invitees, meaning that they are on the premises with the explicit or implied invitation of the property owner. As such, these dog bite victims are afforded the full protection of Illinois dog bite laws and can seek compensation from the dog owner.

The Owner’s Responsibility: Illinois is a “Strict Liability” State

The Illinois Animal Control Act imposes strict liability on dog owners for any physical injuries that their dogs may cause (510 ILCS 5/). This includes not only dog bite incidents, but also other injuries that could result from a dog encounter, such as a broken leg from being knocked over by a large dog or nerve damage from a bite.

Your Two Potential Paths to Compensation After a Dog Bite at Work

You have two options to seek compensation after a dog bite case. In most cases, you can pursue both claim types simultaneously.

Path 1: Filing a Workers’ Compensation Claim

If you are an employee of your company, such as a USPS or UPS worker, then you can make a workers’ compensation claim for any injuries that occurred on the job (820 ILCS 305/).

Workers’ comp will cover all of your medical costs and a portion of your lost wages, typically up to 2/3 of the state average weekly wage. This is a no-fault system, meaning that you do not need to prove that your employer was negligent. All that needs to be proven is that you were injured while performing work for your employer, such as dropping off a package.

Path 2: Filing a Personal Injury Claim Against the Dog Owner

A personal injury claim provides compensation for additional damages, as workers’ compensation claims only cover medical expenses and some of your lost wages. This is filed with the dog owner’s insurance company and can cover elements like emotional distress, pain and suffering, Post-Traumatic Stress Disorder, and permanent disability.

The Illinois Animal Control Act does not require dog bite victims to prove the owner was negligent. Rather, the owner needs to demonstrate that the attack was provoked (510 ILCS 5/). A dog bite incident is considered provoked if a dog was behaving as a “reasonable dog” would (Kirkham v. Will).

Some circumstances that would be regarded as reasonable would be defending itself or its owner, being in pain, being backed into a corner, or protecting its puppies.

Simply being on the premises around a dog is not considered provocation, meaning that delivery drivers are typically regarded as blameless.

Why the Personal Injury Claim is Crucial for a Full Recovery

While workers’ compensation will cover your health expenses and some of your lost wages, it will not provide for non-economic damages, such as fear of dogs that may keep you from delivering packages or the suffering you face during the recovery process.

A Special Note for Independent Contractors

UPS, FedEx, and USPS drivers can generally have their medical bills and lost income covered by their employer’s insurance company.

However, the Illinois Workers’ Compensation Act does not cover independent contractors, such as DoorDash, Instacart, Uber Eats, Grubhub, and Amazon Flex drivers (820 ILCS 305/). Their only means of financial compensation for job-related injuries is through a personal injury lawsuit.

This also requires proving that you were lawfully on the premises as part of your duties. Some insurers may attempt to diminish the policyholder’s liability by insisting that you were not working at the time of the incident and, therefore, were not an invitee.

We will utilize delivery requests, driver communications, dashcam footage, and other evidence from the delivery platform to demonstrate that you were legally permitted on the property.

Because independent contractors are not employees, they typically do not have employer health insurance. We’ll coordinate with your health insurance company to reduce your medical bills, ensuring that you can keep as much money as possible to recover.

Where Does the Compensation Come From?

Delivery drivers and independent contractors may be concerned about suing a dog owner directly, aware that this could lead to conflict or confrontation.

However, a dog owner’s homeowners’ or renters’ insurance will typically cover the cost of a dog bite. The owner themselves is generally not responsible for paying the price, except in rare cases when they do not have any insurance.

What to Do Immediately After a Dog Attack on Your Route

You must act quickly after a dog bite incident to secure both your personal safety and legal rights. Follow these steps as soon as possible.

• Get to a safe area away. If the dog owner is present, ask them to restrain their pet
• Notify your supervisor or dispatch team that you have been bitten. Your employer will explain the next steps to filing a workers’ compensation case. You must report the injury to your employer within 45 days (820 ILCS 305/6(c)).
• Seek immediate medical attention to document the injuries and ensure you are not severely injured. You may require stitches, rabies and tetanus vaccines, and antibiotics.
• Report the injury to the authorities, such as the local police department or Animal Control office.
• Take photos of the injuries and the scene of the incident. Keep track of your medical expenses and lost wages.
• Create a narrative of the event that can further demonstrate it was not provoked. For example, if you were attacked by a dog that wasn’t on a leash, this is against Chicago leash laws (7-12-030).
• Do not discuss your case on social media or talk to insurance representatives without legal representation.
• Contact a dog bite lawyer as soon as possible for a complimentary consultation. We will guide you through the claims process and handle all third-party communication on your behalf.

A personal injury lawsuit has a statute of limitations of two years (735 ILCS 5/13-202). Meanwhile, workers’ compensation has a statute of limitations of three years after the accident or two years after the last payment of benefits from the company (820 ILCS 305/6). By seeking legal representation immediately, you can ensure that we have time to file a claim.

How We Navigate the Complex Legal Process for You

Our firm is a member of the Illinois Workers Compensation Bar Association and the National Association of Personal Injury Attorneys, with over two decades of experience in both these types of claims. We will guide you through every step of the process, ensuring that your rights are protected throughout your recovery.

You can expect the following services as part of our comprehensive legal advocacy.

• Claim Coordination: If you are an employee, you can seek both workers’ comp and a personal injury claim. We will manage evidence and documentation for both types of claims on your behalf, ensuring that each one is evaluated in a timely manner.
• Case Evaluation: For personal injury, non-economic damages play a key role in your settlement negotiation. These are damages that do not have a hard financial cost attached to them, so insurance adjusters may attempt to downplay your pain. We will use pain and suffering calculators to ensure that you receive the maximum compensation available.
• Investigation: For both cases, it’s not necessary to prove your innocence. Rather, we only need to prove that you were working at the time of the dog bite, for workers’ compensation, and that you did not provoke the animal, for a personal injury case. We’ll gather records, such as witness statements, police reports, and veterinary records, to support your case.
• Negotiation: Insurance adjusters will do everything possible to diminish your claim and prevent you from securing a fair settlement. However, we will accurately assess your damages and push for maximum compensation, holding them accountable for all your injuries.
• Trial Representation: Many dog bite cases are settled out of court, as it is less expensive and time-consuming than a trial. However, sometimes the insurance agency will refuse to offer a fair settlement or deny its liability. In this case, we will file a complaint with the correct court and represent you before a judge and jury.

Our firm is proudly committed to gaining maximum compensation for all victims, earning us a spot in the Million Dollar Advocates Forum. These are just two of the many cases we have settled on behalf of delivery drivers.

• $177,555: An Amazon worker was attacked by a Giant Schnauzer while dropping off a package in the Lawndale neighborhood. This resulted in severe nerve damage in the victim’s dominant hand that took months to heal. We proved that the worker had not provoked the animal while on the property.
• $165,454: A postal worker was knocked down by a Boxer puppy while placing letters in a mailbox, resulting in a fractured ankle. We assisted him with both a workers’ compensation claim and a personal injury case, helping him recover in comfort.

Contact Our Illinois Dog Bite Lawyers for a Free Consultation

Delivery drivers are entitled to a safe work environment, and dog owners must be held accountable for failing to protect the public. A Chicago dog bite and animal attack attorney can assist you in filing both workers’ comp and personal injury cases, ensuring that you receive the funds you need to recover in comfort.

Dog Bite Injury Lawyer works on a contingency fee basis: no fees unless we win. Contact us today to schedule your free consultation with an experienced dog attack lawyer.