Maison Law can help you if you work as a delivery driver for the United States Postal Service (USPS) and are bitten by a dog in Gilroy. Few jobs are more associated with dog bites than a mail delivery person. But that doesn’t change how difficult a dog bite is–or does it change the fact that you have options. Our team can guide you through it. Set up a free consultation today.
Do I Need a Lawyer?
As a mail delivery person that works for the postal service, you already know that you’re going to come into contact with a lot of different dogs every day. And while the vast majority of them are well-behaved and trained, you can still end up being bitten–even if the dog is familiar with you. This makes the situation pretty complicated and raises a lot of questions, including one simple one: do I even need a lawyer?
Technically, you’re not required to get one one—but in practice, having legal help can make the entire process smoother and far more effective. This is because, as a mail delivery person, there’s two separate systems in play:
- FECA (federal workers’ compensation) for your medical care and lost wages, and;
- A standard injury claim against the dog’s owner for everything workers’ comp doesn’t cover.
Trying to juggle both on your own—while recovering, filing forms, responding to insurance adjusters, and collecting evidence—can be overwhelming. Our team can make sure each claim is handled correctly, deadlines are met, and no part of your case is undervalued. But we can also help you if:
- The homeowner’s insurance company downplays your injuries or blames you for the bite
- You’re struggling to get FECA paperwork approved
- You’re unsure what evidence you need
The bottom line is this: you don’t have to get a lawyer, but having someone who understands both federal workers’ comp and California dog bite laws removes the guesswork and helps protect the benefits you’re going to need to get better.
What Evidence Should I Try to Get After I’m Bitten?
If you’re a USPS carrier in Gilroy, a dog bite can turn an ordinary delivery into an overwhelming moment. Still, gathering a few key pieces of information—if you’re able—can make the claims process much easier later on:
- Start with owner information. A calm, simple request like, “I need your name and number for the report I have to file,” is usually enough. If the owner leaves quickly or things feel chaotic, even a quick snapshot of their license plate or a note about what they looked like helps.
- Next, jot down details about the dog—its size, color, breed (or your best guess), collar, tags, and anything the owner says about its behavior. If you can safely get photos, take pictures of your injuries, the dog, the porch or yard, the gate or fence, and anything unusual about the property.
- If anyone saw what happened, ask for their contact information. Even one witness can help clarify what you walked into.
- Once you’ve stepped aside and things have calmed down, write out your own notes about the sequence of events while everything’s still fresh.
Having this information not only strengthens your workers’ comp claim—it also helps if a separate claim is made against the dog’s owner later.
How Does the Claims Process Work If I’m a USPS Delivery Driver and I Get Bitten by a Dog?
Even though every dog bite situation is different, the actual processes in place that are there to help you are largely the same. Still, your focus should first be on your health and safety. Make sure to get to a safe spot away from the dog, and then start looking for the above information.
At that point, your options will come more into focus, and they’re generally down to paths: workers’ comp and a standard injury claim. Here’s a look at how they both work:
- FECA claim. Usually, you’ll first file a workers’ compensation claim under the Federal Employees’ Compensation Act (FECA). This works like the state system, where you simply fill out a claim form and, once the investigation is complete, you start receiving benefits. These benefits cover your medical treatment and some of your lost income. But FECA doesn’t always cover the full scope of what a dog bite can leave you dealing with. That’s when the other option comes into play.
- Injury claim. If you’re in a situation where your injuries are more serious and you can’t return to work right away, you can file an injury claim against the dog’s owner. California’s strict liability law makes owners responsible when their dog bites someone—even a uniformed federal employee delivering mail. This gives you access to fuller financial support for your losses, called “damages.” To get them, you can either file:
- An insurance claim out of court.
- A personal injury lawsuit.
Once that is filed, your damages can include things like:
- Current and future medical expenses
- Current and future lost wages
- Repair/replacement costs for any damaged property, like clothing or shoes
- Pain and suffering
- Emotional distress
- Reduced quality of life
Even though you have clear legal rights after a dog bite, the reality is that the incident can affect your work and your health—sometimes for just a short while, other times longer. But there’s also deadlines in place for even filing your claim. You have two years to file an injury claim and three years to file an FECA claim.
Free Consultations For USPS Mail Delivery Dog Bite Victims in Gilroy
Getting bitten while working your mail route is more than an inconvenience—it can mess up your health, your income, and your ability to keep doing a job that serves the entire community. And even though USPS drivers deal with dogs every day, you shouldn’t have to sort out the aftermath on your own.
Our team of dog bite lawyers at Maison Law helps injured mail carriers understand their options, handle the paperwork, and make sure their claim is taken seriously—whether it’s through the federal workers’ comp system or a separate claim against the dog’s owner. We keep the process clear, step by step, so you can focus on getting better and back on your route. Set up a free consultation today to get started.
