With e-commerce services booming and more Australian homes owning a pet dog since the COVID-19 pandemic[1], the recently released statistics on the increase of dog attacks may not be so unexpected.
Recent research from Australia Post has reported a significant increase in the number of dog-related incidents across Australia, with approximately one-third occurring in Queensland.
These trends have highlighted the need to focus on the safety of service providers, such as delivery drivers and tradespeople, who attend private properties as part of their daily work.
If the unfortunate happens, and an employee is injured on the job due to a dog attack, the question arises: who is liable? Who pays for lost wages and necessary treatment?
As with most legal issues, the answer is: it depends. Determining liability for dog-related incidents in the context of employment can be complex and depends on various factors, including the nature of the relationship between the worker and the company. For more information on this issue, you can read my previous blog HERE.
An employer’s duty of care
In Australia, employers have a duty to take reasonable care to avoid foreseeable risks of injury to their employees. This duty can, in certain circumstances, extend to risks posed by untethered or aggressive dogs. To establish liability against an employer and successfully claim damages for any loss suffered, an employee must demonstrate that the employer’s negligence caused their injuries.
In the context of dog attacks, the reasonable steps that employers are required to take might include:
- Determining if dogs are kept on premises their employees are required to attend
- Advising property owners to appropriately secure their dogs
- Providing training and information to employees about the dangers posed by dogs and how to handle encounters with them
- Implementing procedures for employees to follow when dealing with aggressive dogs.
If an employer fails to implement reasonable measures and an employee is injured as a result of being attacked by a dog, the employer might be liable for the injuries suffered by the employee.
Collins v Carey: a case study
In the case of Collins v Carey, Mr Collins, a furniture removalist, suffered significant injuries that left him with a permanent physical disability after being bitten by a dog on the Carey’s property while performing his work duties. Mr Collins’ employer was aware of the dog being kept on the premises before Mr Collins arrived with two of his co-workers to undertake the removal of their belongings.
Despite the dog being tied up, it bit Mr Collins. He successfully claimed damages against both his employer and the Carey’s, ultimately being awarded $130,062.05 in compensation.
Entitlement to workers’ compensation benefits
If you have been injured in the course of your employment, you are entitled to workers’ compensation benefits. These benefits cover:
- Medical expenses: such as costs related to treatment, hospital stays, and medications
- Lost wages: compensation for income lost due to the inability to work during recovery
- Rehabilitation costs: expenses for physical therapy and other rehabilitation services necessary for recovery.
However, please keep in mind that workers’ compensation benefits do not last forever. Any lump sum compensation offered at the conclusion of your WorkCover claim is unlikely to fully compensate you for the loss you have suffered and may suffer in the future due to your injuries.
To access compensation for future economic loss and future treatment needs, a common law damages claim must be pursued. Strict time limits apply to any personal injury claims, so it is important to seek legal advice early to ensure you are adequately compensated for your loss.
Dog attacks can have serious physical and psychological consequences that impact your ability to earn an income, and you may be impacted by future expenses incurred for necessary and ongoing treatment.
So, it is important that you act promptly to ensure you receive the compensation you deserve.
Remember, failing to adhere to time limitations can prevent you from pursuing any claim for your injuries later down the track.
[1] Pets and the Pandemic: a social research snapshot of pets and people in the COVID-19 era, Animal Medicines Australia (August 2021).
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