Worker Allowed To Sue After On-The-Job Dog Bite Injury

Workers are almost never allowed to file lawsuits against their employers for on-the-job injuries. However, one case is testing the “exclusive remedy” provision of workers’ compensation. In this case, a Home Depot worker was injured on the job when a customer brought their dog into the store. The dog bit the worker causing injury. As a result, she was diagnosed with cubital tunnel syndrome. Typically, this would be filed under workers’ compensation, which is a no-fault system. The employee would be barred from filing a lawsuit against her employer and she would only be able to seek recovery from the workers’ compensation insurance policy. However, Home Depot made a bunch of mistakes that allowed the woman to file a lawsuit directly against her employer. In this article, we’ll discuss why the court diverged from the “exclusive remedy” rule.

What happened? 

Home Depot had a ‘no pets’ policy that was violated when the customer brought their dog into the store. The Home Depot supervisors and employees failed to get the customer’s information which prevented the worker from seeking redress against the customer. Once Home Depot deprived the worker of her right to seek damages from the customer, they became solely liable for her claim, according to the court. In other words, because Home Depot is responsible for denying the woman the ability to seek damages from the customer, they are not protected by the state’s exclusive remedy provision.

Understanding what happened 

Okay. This is a little complicated, but it actually makes complete sense under the law. While the worker was injured at work, she was injured not because of her workplace duties but because of the failure of the workplace to enforce their own no-pets policy. In other words, she was injured by a third party. If you are injured on the job, then you can file a lawsuit against a third party that caused the injury. That means that the injured worker would have been able to file a workers’ compensation claim with Home Depot and sued the customer whose dog bit her. However, because Home Depot failed to get the customer’s information, that opportunity was denied to her. Because this is a third-party claim that Home Depot prevented her from pursuing, Home Depot assumes liability on behalf of the negligent customer. So, legally, this is still a third-party claim that Home Depot prevented the worker from pursuing.

Had Home Depot stopped the customer and asked them to provide information to the worker, she would have been allowed to file a lawsuit directly against the customer. That would have prevented her from filing a lawsuit against Home Depot although she still would have been able to file a workers’ compensation claim. Now, she can file a negligence claim directly against her employer for violating their own policy and not getting the negligent customer’s information.

Talk to a Miami Work Injury and Workers’ Compensation Attorney 

If you’ve been injured on the job, you may be able to file a lawsuit but more likely, you’ll be filing a workers’ compensation claim. The Miami workers’ compensation lawyers at Payer Law can help you in either event. Call today and we can discuss your cause of action and the appropriate remedy.

Resource:

pennrecord.com/stories/511539467-home-depot-sued-after-alleged-dog-bite-incident