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In Florida, a Police Officer sustained a work-related injury when was bitten a fellow Police Officer. His K9 partner may have tried to take a bite out of crime but instead bit his partner’s arm.  It is reported that the dog became agitated during an attempted arrest.  The dog bit his handler. Dailymail.com 

This fact pattern raises the questions as to whether an Employee can file a workers’ compensation claim when they get injured as a result of a co-worker’s mistake.   The fact pattern raises a treatment issue. Dog bites present unique issues.

Can an Injured Worker File a Claim If They Are Injured By A Co-Worker?

Yes.  Generally, workers’ compensation is a “no fault” system   This applies to the actions of co-workers.  Thus, the dog bite by his K-9 Partner is a valid workers’ compensation claim.

What Type Of Treatment Can Be Provided? 

In the instance of a dog bite, there is a concern whether the dog may have had rabies.  Thus, the Police Officer may be put on rabies treatment protocol. Likewise, treatment may be necessary to prevent infection.

Labor Code Section 4600 provides that “(a) medical, surgical, chiropractic, acupuncture, and hospital treatment, including nursing, medicines, medical and surgical supplies, crutches, and apparatuses, including orthotic and prosthetic devices and services, that is reasonably required to cure or relieve the injured worker from the effects of the worker’s injury shall be provided by the employer. In the case of the employer’s neglect or refusal reasonably to do so, the employer is liable for the reasonable expense incurred by or on behalf of the employee in providing treatment. (b) As used in this division and notwithstanding any other law, medical treatment that is reasonably required to cure or relieve the injured worker from the effects of the worker’s injury means treatment that is based upon the guidelines adopted by the administrative director pursuant to Section 5307.27.”

Thus, the medical providers treating these type of bite injuries, within the guidelines, will provide treatment to prevent infection on this matter.

What If I Need Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 27 years. Contact us today for more information.

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