When might an employer use the assumption of risk as a defense?

An employer may use the assumption of risk as a defense when an employee accepts a role with an understanding of its inherent hazards. This principle is grounded in the idea that if an employee is aware of the risks associated with their job and voluntarily accepts those risks, the employer may not be liable for injuries resulting from those risks. For instance, if an employee works in a job that involves known dangers, such as construction or manufacturing, and they acknowledge these dangers before taking on the position, the employer can argue that the employee assumed the risks as part of their employment.

The other options do not align with the concept of assumption of risk. An employee working in a non-hazardous job would not typically encounter risks that warrant this defense. If safety protocols are ignored, it shifts the responsibility back to the employer for failing to provide a safe work environment. Additionally, filing a claim after termination does not inherently relate to accepting risks associated with a job; it is more of a procedural issue regarding claims and does not address risk acceptance. Thus, the correct understanding of the assumption of risk is specifically tied to the employee's awareness and acceptance of job-related hazards upon taking the role.