Poca, WV asked in Personal Injury, Workers' Compensation and Animal / Dog Law for West Virginia

Q: What do i do?

I'm a delivery driver for papa John's and friday night i was on a delivery and was attacked by the owners dog while going to knock on the door. I did not see any beware of dog signs and the owners of the dog wouldn't even come outside two younger children come out and got the pizza. I told them that thier dog just attacked me and they said "oh he wasn't supposed to be out". Really not knowing what i should do i called my boss and he tells me to just come back to the store.. It's been 3 days and my boss or no one is even bothering to try to get ahold of the dogs owner to see if its had it's shots.. All my boss has been askin me is when can i work?. Not that i don't want to but it doesn't seem right. And i was scared for my life that night worried about going back.

1 Lawyer Answer
D. Michael Burke Esq
D. Michael Burke Esq
Answered

A: You may have a case against the homeowner, as well as a Workers' Comp claim. Have you seen a doctor? You will receive nothing (or very little) if you don't seek medical attention. Our office no longer handles Workers' Comp cases, but the rule used to be that you had to miss at least 4 days of work, as verified by a doctor, before you could receive any benefits for wage loss. Of course, your medical bills should be paid by your employer's Workers' Comp carrier. And I do not think it is your employer's obligation to find out if the dog owner's dog has had its shots. Why don't you call yourself? You should also contact your local Animal Control office.

You should see a doctor if you have an injury and then you should call a local personal injury who also handles Workers' Comp cases. At least call a local attorney, such as Harvey Peyton (304-755-5556), and ask who he would recommend.

1 user found this answer helpful

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