Can I Still Sue the Dog Owner If I Filed a Workers’ Comp Claim as a Delivery Driver in Florida?
If you’re a delivery driver—whether for Amazon, USPS, FedEx, or another company—and you were bitten by a dog while working, you might already have a workers’ compensation claim underway. But what many don’t realize is that you may also have the right to file a personal injury lawsuit against the dog’s owner.
In Florida, these two legal options aren’t mutually exclusive. Filing for workers’ comp doesn’t necessarily prevent you from holding the dog owner accountable in civil court. Let’s break down why—and how—this works.
Workers’ Compensation Covers Employment Injuries, Not All Losses
What Workers’ Comp Does—and Doesn’t—Cover
Workers’ compensation in Florida is designed to provide medical care and partial wage replacement when you’re injured on the job. However, it doesn’t compensate you for pain and suffering, emotional distress, permanent scarring, or full wage loss.
That’s where a personal injury lawsuit comes in. If the dog owner was negligent—by failing to leash or restrain their animal, for example—they may be held liable beyond what workers’ comp offers.
You can learn more about how Florida’s dog bite liability laws apply to both homeowners and delivery drivers in our guide to delivery worker dog bite claims.
Yes, You Can Usually Sue the Dog Owner—Even After Workers’ Comp
Florida law allows what’s called a third-party claim—a lawsuit against someone other than your employer—even if you’re receiving workers’ comp benefits. The dog owner in this case is a third party, and they can be sued for the full range of damages caused by their dog.
At Florida Civil Counsel, P.A., we’ve represented multiple delivery workers who were bitten while doing their job and needed to pursue both types of claims to be fully compensated.
Florida Dog Bite Laws Are Favorable to Victims
Under Florida Statutes §767.04, a dog owner is strictly liable if their dog bites someone who is lawfully on their property. This includes postal workers, Amazon delivery drivers, and food couriers.
You do not have to prove negligence under this statute—just that the bite occurred and that you were legally allowed to be there.
If you were bitten while on someone’s property for work purposes, and you weren’t trespassing or provoking the animal, you may be entitled to compensation through a civil claim.
Why File a Personal Injury Claim If You’re Already Getting Workers’ Comp?
The simple answer: to recover the damages workers’ comp doesn’t pay.
This might include:
- Full lost wages (not just partial)
- Pain and suffering
- Disfigurement and scarring
- Loss of future earnings
We explain this in more detail in our post about determining the value of a Florida dog bite case.
Can You Sue a Homeowner Who Has Insurance?
Yes. Most dog bite claims are paid through the dog owner’s homeowners insurance. If the person owns the home where the bite occurred, and they carry a policy, the insurance company—not the individual—will often pay the settlement or judgment.
We explore this more in our post on how dog bite liability insurance works in Florida.
However, some policies have exclusions for certain dog breeds or past bite incidents. That’s why it’s critical to speak with an attorney early in the process.
Don’t Wait—There Are Deadlines to Sue
Even though your workers’ comp claim may be active, your personal injury lawsuit must be filed within Florida’s statute of limitations, which is generally two years from the date of injury.
Waiting too long can jeopardize your ability to file a lawsuit at all. This is especially true if you initially assume that workers’ comp will be enough—only to realize later that your costs and injuries far exceed what was covered.
Our Orlando-based firm represents dog bite victims across Florida, including in Miami, Tampa, Jacksonville, and Pensacola.
Get Help from a Florida Dog Bite Lawyer Who Understands Delivery Cases
At Florida Civil Counsel, P.A., we understand how dog bite injuries can disrupt the lives and careers of delivery drivers. These cases involve a unique mix of workplace exposure, insurance complications, and homeowner liability. Our team regularly helps clients coordinate workers’ compensation benefits with third-party lawsuits to ensure they pursue the full compensation they deserve. If you were bitten while delivering for Amazon, USPS, FedEx, or any other service, let us investigate whether the dog owner has homeowners insurance and whether a civil claim may cover damages like pain and suffering, permanent scarring, or lost wages. You can learn more about our approach to Florida dog bite claims or contact us directly to schedule a consultation.
