Why might a worker's choice to not refuse a dangerous task be relevant in a workers' compensation claim?

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In a workers' compensation claim, a worker's choice not to refuse a dangerous task can be significant because it can demonstrate the worker's assumption of risk. When an employee voluntarily engages in a task that is known to be hazardous, it is argued that they accept the potential dangers associated with that task. This assumption of risk may factor into how the claim is evaluated, as it shows that the worker was aware of the risks and chose to proceed regardless. This understanding is crucial in determining the nature of the incident and whether the employer fulfilled their duty to provide a safe working environment.

The assumption of risk can potentially impact the compensation awarded, as it raises questions about the worker’s role in the incident. It suggests the worker contributed to their own injury by willingly putting themselves in a dangerous situation. Thus, examining this aspect of the worker's behavior can be an important element in the overall analysis of liability within the claim.

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