If an employee was bit by a dog during work at a clients home what are the steps we must take for them?
10 attorney answers
Liability of Dog Owners, call a lawyer
In Nevada, a dog owner's negligence allows you to recover damages for a dog bite injury. And There is Liability of Owners with Vicious Dogs * It is illegal for a person to own a vicious dog. * If a person illegally owns a vicious dog and the dog attacks someone and causes substantial bodily harm, the owner or keeper is guilty of a felony that carries a term of one to four years in prison. The judge may also impose a fine up to $5,000 and order the dog destroyed.
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Who is the "we" in this question? If you are the employer, you should report the incident to your workers compensation carrier. Employers are required to carry workers compensation insurance and this bite injury is clearly within the scope of the victim's employment.
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Dog bite cases can be fairly difficult as a lot of things need to fall into place in order to recover something, including the existence of assets owned by the animal's owner or the animal owner having homeowners or renters insurance. If that occurred, then the employee could avoid w-comp and make a claim against the owner of the animal. I would be happy to speak with about this case on the phone or in person. Also, check out our website for additional dog bite information: http://www.ndinjurylaw.com/dog-bites-lawyer-las-vegas/
Not clear who "we" is in this scenario . . . However, the employee must file a worker's comp claim if treatment will be sought, which is highly recommended. Failing to timely file a claim will prevent any payment of medical expenses, lost wages, or disability claims via worker's comp. If the bite is serious, or becomes serious, the employee is risking losing extremely valuable coverage as well as risking his/her job as most employers require that on-the-job injuries be reported. If the homeowner is trying to cut some kind of side deal, their insurance won't pay once they learn the person bitten was on the job. That leaves the homeowner paying out of pocket for the injury. Best option is to follow work rules and protocols and ensure appropriate medical treatment is received.
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I'm curious as to the reason the employee does not want to make a work comp claim. While it is true that a claim can be made against the do owner, there is a chance that the dog owner does not have insurance, especially if they dog owner is not the home owner. By the time anyone figures out whether or not there is an applicable insurance policy, it may be too late to make a work comp claim. I'd discuss the matter with an attorney who can present all possible options.
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Hope the bite wasn't severe. Depending on the facts of how the attack happened - was dog on a leash; was do in a fenced area; was it within the house; how dog bitten or been aggressive previously etc etc. there might be a claim against the dog owner - can be filed against their homeowners insurance policy. However, depending on the policy certain breeds are excluded. However, I am a California attorney not licensed in NV & unfamiliar with their laws & procedures. Consult immediately with a NV personal injury attorney - many do not charge a fee for initial consultation. You can locate them on AVVO under tab "Find Lawyers"
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
Most dog bites are covered under your homeowners insurance policy. Contact your carrier and let them know about the injury. Good luck.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
There is not enough information in the question to answer it properly. However, from what is there, the employee likely has a claim against the property owner which should be covered by the property's hazard insurance. The employee should consult with an attorney to have his claim assessed properly.
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