Legal/personal advice. dog bite while working

Discussion in 'UPS Discussions' started by Box_Junkie, Jul 15, 2012.

  1. Box_Junkie

    Box_Junkie Member

    November of last year I was bit by a shepherd/lab mix while delivering a package. I carried a large box to the front door, sat it down, rang the door bell, bent over to scan the package and while scanning the homeowner (lady in her 50's-60's) opened the door. The dog slipped past her legs and lunged at my face catching me in the right cheek. This required 18 stitches and left a scar shaped like a upside-down candy cane and is about 2-2.5" long. Workmans comp paid for all medical expenses obviously. I obtained an attorney and am currently awaiting a scar revision surgery with a plastic surgeon in the next month. The Dr. says he can make it much more minor but will still be visible, I agreed to this since I get sick of explaining the story to people on route and having to see it myself. No the dog was not put down since this was the first "reported attack". Even though neighbors have told me the dog has a violent history...

    The lawyer has been in close contact with me and sends me copies of all that is sent to the homeowners insurance company. The most recent one said that we will give them a settlement demand after the surgery. So I never thought much about this til now. How do I know what to ask for? I mean I now have a facial scar, another surgery to try to reduce it, and a fear/anger towards dogs that can make delivering packages nerve racking to all out panic attacks. Second question is since all bills were paid by workmans comp I'm assuming out of the settlement that UPS will get their money first, then the lawyer gets a third, then I get whats left correct? Or does UPS always pay into a workmans comp fund therefore the money doesn't go to UPS for the bills? Any advice on the settlement ordeal and how much is appropriate and workmans comp would be greatly appreciated!
     
  2. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    UPS/Workmen's Comp will recover their out-of-pocket costs directly from the homeowner's insurance. The settlement that your lawyer will be seeking is for your pain and suffering, any lost wages and for your permanent disfigurement (scar). Your lawyer will get a percentage (25-40%). I would think that you could expect to net between $5-10K.
     
  3. over9five

    over9five Moderator Staff Member

    Box_Junkie,

    These dog attacks always get me so mad. Stupid irresponsible dog owners...

    Did you at least beat the dog senseless with your DIAD? Or the woman? (Just kidding.....kinda...)

    Has the irresponsible dog owner kept in touch to see how you were doing? Did she apologize? This would go a long way with me. A lot of them don't even apologize.

    Talk to your lawyer, and don't feel bad. Make as much money as you can out of this.
     
  4. Box_Junkie

    Box_Junkie Member

    Sounds right. The attorney did say 1/3 or 33% cant remember exactly.
     
  5. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    1/3 and 33% are one in the same.

    I would let your lawyer do the math for you.
     
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  6. Box_Junkie

    Box_Junkie Member

    No the lady never attempted to contact me, and yes the dog came at me a second time before I made it back to the truck. I was ready this time, caught him in the top of the noggin with the DIAD, handle broke off and he fell on his ass. When he got up he was just barking and pacing but wouldn't come back at me.
     
  7. Box_Junkie

    Box_Junkie Member

    HAHA true, guess thats why I'm in the truck!
     
  8. hurricanegunner

    hurricanegunner UPSPoop

    I hope you did not go through too much harrassment from management as a result of this dog attack? They love blaming us for any injury, regardless of cause.
     
  9. Box_Junkie

    Box_Junkie Member

    hurricane: they did an investigation but came up with nothing against me. They were surprisingly understanding. I guarantee if it happened again it would be different story. They would say I've had training and should of avoided the situation...
     
  10. over9five

    over9five Moderator Staff Member

    And that makes me even madder. What kind of a HUMAN BEING, who's dog maimed a delivery person wouldn't call to make sure he was OK?
    REALLY, she should have gone with you to the ER.
    People suck.
     
  11. kingOFchester

    kingOFchester Well-Known Member

    1/3 of 6k is 2k.
    33% of 6k is 1,980.... Don't give the lawyer a dollar more then you have to. Go with the 33%, might be able to treat the misses to Mc d's with the difference.
     
  12. Box_Junkie

    Box_Junkie Member

    I was a half mile from the nearest hospital when it occured. I drove the pkg car there, called UPS and told them where it was parked. The cab was a bit bloody, on road sup finished route. I did get paid for the rest of the day also.
     
  13. kingOFchester

    kingOFchester Well-Known Member

    WOW, whenever our on roads train a new driver, someone is sent to help with deliveries or at the very least cover some or all of the pickups.
     
  14. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    It's in the contract that they have to pay you for the rest of the day. If you really wanted to split hairs they should have paid you for how long it took the sup to finish the route.
     
  15. soberups

    soberups Pees in the brown Koolaid

    You also were entitled to be paid for the time you spent at the hospital.
     
  16. Funfact

    Funfact Well-Known Member

    Depending on your state laws will determine the amount your get. Your going to have to wait till after your have your surgery and for the scare to heel before the insurance company will settle. Females get bigger settlement than males. I got a couple thousand the time I got bit in the ankle 2 years ago. Anything you get will first have to go to pay off workmans comp and outstanding medical bills. Your Lawyer will figure that into the settlement amount. The lawyer is going to to 33% of any settlement more if you happen to take it to court instead of settling. I sure you signed paper work when they took your case.

    After everything is said in done your most likely going to get between $ 3000 and $5000. Insurance company are not paying out like they use to...
     
  17. brownmonster

    brownmonster Man of Great Wisdom

    If a dog scars my face it will cost more than 6 to 10K.
     
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  18. Funfact

    Funfact Well-Known Member

    Back ten years ago it would have been... Not anymore unless your a female.
     
  19. Bad Gas!

    Bad Gas! Active Member

    75k pain and uffering...no less!
     
  20. brown bomber

    brown bomber brown bomber

    did you file a police report....if not you should have, it helps a great deal in the settlement process