Defenses Against Worker Injury Claims

The following are 3 common law defenses against worker injury claims. 1.Assumption of risk (the worker knew the job exposed them to risk, thus they assumed such risk and cannot hold the employer liable). 2.Contributary Negligence (the employee was negligent in performing the job and, therefore, cannot hold the employer liable). 3.Fellow Servant Rule (Another employee was the cause of the injury, or another employee was negligent and, therefore, the employer cannot be held liable for the injury).


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Last updated: 02/26/2018


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