Workplaces are meant to be safe spaces, not just physically, but emotionally and legally. But what happens when that trust is broken by something as unexpected as a service dog bite? And worse, what if you get fired for reporting it? If you’re wondering about wrongful termination after reporting a service-dog bite at work, can you sue? You’re not alone. Many workers face this exact dilemma and don’t realize they may have a valid claim for compensation and protection under state and federal laws.
This article explains your rights, the legal steps you can take, and what protections exist for employees, especially those dealing with injuries caused by service animals in the workplace.
Understanding the Problem: When Service Animals Cause Harm at Work
Service dogs serve critical roles for individuals with disabilities. However, even trained animals can bite, causing physical injuries, emotional distress, or medical complications.
If a service animal inflicts injury on an employee, the affected individual may encounter:
- Medical treatment and expenses
- Lost wages or lost income due to recovery time
- Emotional trauma and workplace discomfort
- Employer retaliation or even termination for reporting the incident
Under federal law, specifically the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations to qualified employees with disabilities, which can include permitting service animals in the workplace. However, the ADA also requires that service animals remain under control at all times. When a service animal causes injury to another employee, the legal landscape becomes more complex. Employers must then consider not only their obligation to accommodate disability but also their responsibility to protect all employees from harm.
Can You Be Fired for Reporting a Service Dog Bite?
You cannot legally be fired in retaliation for reporting a safety issue, especially when the report is made in good faith. If you were terminated after reporting a dog bite at work, you may have a valid claim for wrongful termination under workplace safety protection laws.
For example, in California, the law protects employees who report workplace injuries or unsafe conditions from retaliation. If your employer fired you after your good-faith report, they may have violated the law (Cal. Lab. Code § 6310(a)(1), (a)(4), (b)).
If you were fired simply for reporting a bite, you may:
- Be eligible to file a wrongful termination lawsuit
- Have grounds for legal action under anti-retaliation statutes
- Pursue compensation for lost wages, medical expenses, and emotional damages
Workplace Rights: Reasonable Accommodations vs. Undue Hardship
The ADA mandates that employers accommodate workers with disabilities, including those needing a service dog. However, these reasonable accommodations must not impose an undue hardship on the business or threaten the safety of others.
In cases where a service dog injures a co-worker, the employer must determine:
- If the service dog’s behavior poses a legitimate safety risk
- If the accommodation can be modified without harm to others
- If continuing to allow the animal causes an undue hardship to the company
Employers must balance the rights of both the service animal’s owner and the injured party. Failing to do so, especially by retaliating against the injured employee, can expose the employer to legal liability.
Filing a Workers’ Compensation Claim After a Dog Bite at Work
If you suffer a dog bite at work, you may be entitled to workers’ compensation. This no-fault system allows employees to receive benefits for workplace injuries without needing to prove the employer was negligent.
If you were injured on the job, filing a workers’ compensation claim may allow you to recover benefits such as:
- Coverage for medical treatment, expenses, and rehabilitation related to your injury
- Compensation for lost income while you recover
- Long-term disability benefits if your injury causes lasting limitations
Even if the service dog belonged to another co-worker, your injury is still considered work-related. However, if your employer denied your claim, pressured you to drop it, or terminated you afterward, that could indicate wrongful termination or retaliation.
What Constitutes Wrongful Termination in Dog Bite Incidents?
You may have a valid claim for wrongful termination if:
- Your employer fired you after reporting a service dog bite
- You were blamed for poor job performance after raising safety concerns
- The termination followed a workers’ compensation filing
- Your employer failed to investigate the incident or unfairly characterized you as disruptive for raising concerns
This type of retaliation violates both public policy and employment law. Employers cannot terminate workers for participating in protected activities, such as filing a workers’ compensation claim or reporting safety hazards.
Legal Options: Can You Sue for Retaliation?
If your employer terminated you after you reported a service dog bite at work, whether through direct retaliation or by citing unrelated performance issues, you may have grounds to file a wrongful termination claim.
You may pursue legal action for:
- Discrimination and retaliation under the ADA or state anti-retaliation laws
- Negligence for failing to prevent a known animal risk
- Failure to accommodate both injured employees and disabled workers fairly
- Damages for lost wages, medical expenses, and emotional distress
Hiring a skilled employment attorney ensures you receive informed legal representation and can help you assess your case and determine the most effective path forward based on the facts of your case.
What If the Service Animal’s Owner Is a Co-Worker?
If the service dog belongs to a co-worker, the situation gets more complicated. The owner might have brought the dog with employer approval under disability laws. However, that doesn’t absolve the employer of responsibility.
Employers must:
- Provide a safe workplace for all
- Prevent foreseeable harm
- Ensure service animals do not pose a direct threat
If they fail in these duties, they may be held liable for negligence. Likewise, the co-worker may also be responsible under certain state laws, especially if they failed to control the animal or knew about its aggressive tendencies.
Example Scenario: When Legal Rights Collide
Imagine this: an employee brings a service dog to work due to PTSD. The company allows it as a reasonable accommodation. One day, the dog bites a co-worker during a meeting. The co-worker seeks medical treatment and files a workers’ compensation claim. Days later, the co-worker is terminated due to alleged poor job performance.
This is a textbook case of potential wrongful termination. The injured worker may sue for retaliation, claim benefits under workers’ compensation, and seek legal compensation for being fired in violation of public policy.
Protecting Your Rights: What Steps to Take
If you’re facing a similar situation, here’s what you can do:
- Document everything: Keep records of the bite, your report, medical treatment, and conversations with your employer.
- File a claim: Submit a timely workers’ compensation claim if injured.
- Know your rights: The law protects employees from discrimination, retaliation, and unsafe working conditions.
- Seek legal advice: An employment attorney can help you understand your rights and available options under applicable state laws. If legal fees present a concern, note that many personal injury attorneys offer legal representation on a contingency fee basis and may provide a free case evaluation to help you assess your claim.
Know When to Speak Up and When to Take Legal Action
Getting injured by a service animal at work is stressful enough. Being terminated afterward only adds to the injustice. If you reported a service dog bite and were fired as a result, you may need to consult a lawyer to explore your legal options.
The law protects employees who act in good faith to report workplace hazards or injuries. Whether you’re facing a denied workers’ compensation claim, retaliation, or complete termination, you have rights. If you’re now unable to work or pay your bills, or if your family has been affected by your sudden job loss, the Bourassa Law Group is here to help.
Our office is ready to guide you through your legal rights and next steps. Contact us today for a free consultation and take the first step toward the justice you deserve.
1-800-870-8910