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I Wasn’t Wearing a Seat Belt When I Was Injured – Will This Affect My Workers’ Comp?

Getting injured while on the job can be a stressful situation on its own – you may have to miss multiple days and even weeks from work to recover from your injuries, resulting in a loss of wages that you can’t afford, especially when your medical bill arrives. The situation can be made even more complicated if you were operating a vehicle as a part of your job and not wearing a seat belt at the time of your accident. Does not wearing a seat belt count as negligence? And if so, does it affect how much you can receive in a workers’ compensation claim?

California Seat Belt Law

According to California Vehicle Code section 27315, California seat belt law states that individuals may not operate a motor vehicle without wearing a seat belt, so failure to wear a seat belt while driving is considered breaking the law.

However, California still allows individuals to file lawsuits in a personal injury case even if you weren’t wearing a seat belt – breaking the law, in this case, does not disqualify you from your right to compensation.

The reality is that your employer may be able to present evidence that you intentionally chose not to wear your seat belt, which can be considered misconduct. You need to be able to prove that your failure to wear a seat belt did not produce the majority of your injuries, and that you were not aware of the dangers that caused your accident. This is why you need a team of experienced workers’ compensation attorneys to defend your rights.

Trusted Legal Counsel Since 1969

At Smolich and Smolich, our lawyers have in-depth knowledge of workers’ compensation law, and have helped countless workers who have been injured on the job reach resolutions they desire from their situation. Our team does more than just process your file – we provide personalized attention to every one of our cases because we know every situation is unique. This may be a stressful time for you, especially if you feel alone going up against your employer or company, but with our lawyers standing by your side, you want have to go through this by yourself.

Call Smolich and Smolich for a free consultation at (916) 571-0400, or contact us online if you’re suffering from personal injuries or have been involved in a workplace accident. Our workers’ compensation lawyers have helped countless workers recover safely and without worry by ensuring proper compensation for their suffering.