What does 'assumption of risk' mean in the context of workers' compensation?

• A. The employee is protected from all personal risk by the employer
• B. The risks are always completely unknown to employees
• C. The employer bears all responsibility regardless of risk
• D. Employee was aware of the risks when hired; employer not liable

Answer: (D)

Assumption of risk means the worker knowingly encounters and accepts a hazard, choosing to take on that danger rather than relying on the employer to shield them. In workers’ compensation, benefits are typically provided regardless of fault, but this defense can apply when the employee was aware of the risks at the time of hiring and still engaged in the activity, which can leave the employer not liable for that particular risk. This is why the statement that the employee knew the risks when hired and the employer isn’t liable best captures the concept. The other options misstate the relationship: they either imply the employer bears all risk regardless of awareness, or claim risks are always unknown, which isn’t accurate.