Findlay Personal Injury Lawyers | December 22, 2025 | Dog Bite Injuries
You’re walking up to a house with a package or mail in hand when suddenly a dog lunges and bites you. As a postal worker, delivery driver, or anyone performing their job duties, a dog bite creates a complicated legal situation that affects your medical care, income, and recovery.
If you’ve been bitten by a dog while working in Ontario, you generally have the right to pursue workers’ compensation benefits through the Workplace Safety and Insurance Board (WSIB). These benefits can cover your medical expenses and provide income replacement while you recover. However, Ontario law also allows personal injury claims against the dog owner under the Dog Owners’ Liability Act, which can provide additional compensation beyond what workers’ compensation offers.
Key Takeaways
- Workers bitten by dogs while performing job duties are typically eligible for workers’ compensation benefits in Ontario.
- Ontario’s Dog Owners’ Liability Act imposes strict liability on dog owners regardless of their dog’s previous behaviour.
- You may be able to pursue both workers’ compensation and a personal injury claim simultaneously in certain circumstances.
- Jobs with high dog bite risk include postal workers, delivery personnel, utility workers, and home service providers.
- Consulting with a dog bite injury lawyer can help determine the best legal approach for maximum compensation.
Table of Contents
- Workers’ Compensation for Dog Bites
- When to File a Personal Injury Claim
- Dual Claims
- Third Party Liability Claims
- When Liability May Be Reduced
- Potential Compensation for Dog Bite Injuries
- Medical Expenses
- Lost Income
- Pain and Suffering
- Scarring and Disfigurement
- Fatal Injuries
- How a Personal Injury Lawyer for Dog Bites Can Help
- Assess Your Claim Options
- Build a Strong Case
- Manage Legal Requirements
- Negotiate with Insurance Companies
- Coordinate Benefits
- FAQs About Dog Bites
- What Should I Do If I’ve Been Bitten on the Job?
- What Happens If Your Dog Bites the Mailman?
- Can a Mailman Sue for Dog Bites?
- What Happens If Your Dog Bites a Delivery Driver?
Workers’ Compensation for Dog Bites
When you’re bitten by a dog while performing your work duties, your primary recourse is typically through workers’ compensation. Workers’ compensation coverage extends to most employees in Ontario, though there are some exceptions. If you’re classified as an independent contractor rather than an employee, you might not qualify for workers’ compensation benefits.
Jobs with higher risks of dog bite incidents include:
- Mail carriers and postal workers
- Package delivery personnel
- Utility meter readers
- Home repair and maintenance workers
- Home healthcare providers
- Real estate agents showing properties
- Census takers and canvassers
- Food delivery drivers
To file a workers’ compensation claim after a dog bite, you must report the injury to your employer promptly. In Ontario, workers should notify their employers within six months of the incident, though it’s best to report it immediately. Your employer must then notify the WSIB within three days if the injury requires medical attention or results in lost work time.
The WSIB will review your claim and determine whether to approve benefits. If approved, workers’ compensation typically covers medical treatment costs, prescription medications, rehabilitation services, temporary income replacement, and permanent impairment benefits for lasting injuries.
When to File a Personal Injury Claim
Dual Claims
In Ontario, you may be able to pursue both workers’ compensation benefits and a personal injury claim simultaneously under certain circumstances. This approach, sometimes called a “dual claim,” allows you to receive immediate workers’ compensation benefits while pursuing additional compensation through a personal injury lawsuit.
However, there are important considerations:
- You cannot “double dip” by receiving compensation for the same damages from both sources.
- If your personal injury claim is successful, you may need to reimburse the WSIB.
- The WSIB may have a right of subrogation, meaning they can pursue the dog owner to recover their costs.
Third-Party Liability Claims
A third-party liability claim arises when someone other than your employer is responsible for your injuries. In dog bite cases, the third party is typically the dog’s owner. If you were bitten while delivering mail to a residential address, for example, the homeowner would be the third party.
These claims require proving that you were bitten by the defendant’s dog, the bite occurred while you were performing your job duties, and the bite resulted in injuries and damages.
When Liability May Be Reduced
While Ontario’s dog bite liability laws are strict, there are situations where the owner’s liability might be reduced:
- If you provoked the dog
- If you were trespassing (though this rarely applies to workers lawfully on the property)
- If you assumed risk as part of your job (though this is a complex legal area)
Even in these scenarios, liability is rarely eliminated entirely. Ontario courts typically apply a “contributory negligence” approach, reducing compensation proportionally to the victim’s degree of responsibility.
Potential Compensation for Dog Bite Injuries
Medical Expenses
Dog bites often require specialized medical care, including emergency treatment and wound care, rabies prevention treatment, antibiotics to prevent infection, tetanus shots, surgical procedures for severe bites, plastic surgery for facial injuries, and physical therapy.
Lost Income
If a dog bite prevents you from working, you can receive wage replacement benefits through workers’ compensation. However, these benefits are capped and typically provide only about 85% of your pre-injury earnings. A personal injury claim can help recover full lost wages (past and future), lost earning capacity if you cannot return to your previous job, lost promotion opportunities, and lost benefits.
Pain and Suffering
Dog bites often cause emotional pain and can lead to anxiety around dogs, post-traumatic stress disorder, fear of returning to work, embarrassment from scarring, and sleep disturbances. Workers’ compensation does not provide compensation for pain and suffering, emotional distress, or diminished quality of life. These non-economic damages can only be recovered through a personal injury claim.
Scarring and Disfigurement
Many dog bites leave permanent scars, particularly when they occur on visible areas like the face, neck, or arms. These scars can cause ongoing psychological distress and affect your self-image. A personal injury claim allows you to seek compensation for these permanent changes to your appearance.
Fatal Injuries
In the most tragic cases, a dog attack while working can result in death. While extremely rare, these situations involve both workers’ compensation death benefits for dependents and potential wrongful death claims against the dog owner. The compensation available for families in this situation may include funeral expenses, loss of financial support, and damages for loss of companionship.
How a Personal Injury Lawyer for Dog Bites Can Help
Assess Your Claim Options
An experienced personal injury lawyer for dog bites will evaluate your case to determine the best approach. They can help you understand whether to pursue workers’ compensation, a personal injury claim, or both. They will also evaluate the potential value of each type of claim.
Build a Strong Case
Your dog bite injury lawyer will gather evidence to support your claim, including medical records documenting your injuries, employment records showing your work duties, witness statements, animal control reports, photographs of your injuries, and expert testimony about permanent impairments.
Manage Legal Requirements
Dog bite cases involving workplace injuries have unique legal requirements. Your lawyer will ensure all deadlines are met, including WSIB reporting deadlines, the two-year limitation period for personal injury claims, and notice requirements for claims against municipalities (if the bite occurred on public property).
Negotiate with Insurance Companies
Insurance companies representing dog owners often try to minimize compensation by disputing liability or the severity of injuries. Your lawyer will handle all negotiations, protect your rights and push for fair compensation.
Coordinate Benefits
If you’re pursuing both workers’ compensation and a personal injury claim, your lawyer will coordinate these claims to maximize your total compensation. This includes managing any subrogation rights the WSIB may have against your personal injury recovery.
If you’ve been bitten by a dog while performing your job duties, you need legal representation that understands both workers’ compensation and Ontario’s dog bite laws. At Findlay Personal Injury Lawyers, we have extensive experience handling these cases and fighting for maximum compensation for injured workers. Contact us for a free consultation to discuss your workplace dog bite case.
FAQs About Dog Bites
What Should I Do If I’ve Been Bitten on the Job?
- Move away from the dog to a safe location if possible.
- Apply first aid by gently washing the wound with soap and water if you can.
- Report the incident to your supervisor or employer immediately.
- Seek medical attention promptly, even for seemingly minor bites.
- Document the incident by taking photos of your injuries and the location where it occurred.
- If possible, identify the dog owner and collect their contact information.
- File an incident report with your employer and ensure they report it to the WSIB within three days.
- Contact animal control to report the dog bite.
- Keep all records of medical treatment, expenses, and correspondence related to your injury.
- Consult with a dog bite injury lawyer near me to understand your legal options.
What Happens If Your Dog Bites the Mailman?
If your dog bit a mailman, you’ll likely be held liable under Ontario’s Dog Owners’ Liability Act for the worker’s injuries. Canada Post may suspend mail delivery to your address until you implement safety measures. Your homeowner’s insurance will typically cover the claim, though your premiums may increase. You may receive an order to restrain your dog or take specific precautions.
Can a Mailman Sue for Dog Bites?
Yes, a mail carrier can sue for dog bites in Ontario. While the postal worker will qualify for workers’ compensation benefits, they can also pursue a personal injury claim against the dog owner under the Dog Owners’ Liability Act.
What Happens If Your Dog Bites a Delivery Driver?
If your dog bit a delivery driver, you face legal liability similar to postal worker cases. The delivery driver will likely be covered by workers’ compensation through their employer, but they can also file a personal injury claim against you. Delivery companies may blacklist your address or require special delivery arrangements for future deliveries. You must provide proof of your dog’s rabies vaccination status, or the dog may face quarantine.
