---
kind: "section"
citation: "49 U.S.C. § 20304"
title: "49"
title_heading: "Transportation"
number: "20304"
heading: "Assumption of risk by employees"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/20304"
units:
  - "Subtitle V — Rail Programs"
  - "Part A — Safety"
  - "Chapter 203 — Safety Appliances"
---

# §20304. Assumption of risk by employees


An [employee](/usc/49/21101.md?p=3) of a [railroad carrier](/usc/49/20102.md?p=3) injured by a vehicle or train used in violation of [section 20302(a)(1)(A)](/usc/49/20302.md?p=a-1-A), (2), (4), or (5)(A) of this title does not assume the risk of injury resulting from the violation, even if the [employee](/usc/49/21101.md?p=3) continues to be employed by the carrier after learning of the violation.


## Source credit

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 883.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 20304 | 45:7. | Mar. 2, 1893, ch. 196, § 8, 27 Stat. 532; June 22, 1988, Pub. L. 100–342, § 13(1)(H), 102 Stat. 631. |
|  | 45:8 (words before 16th comma). | Mar. 2, 1903, ch. 976, § 1 (words before 23d comma), 32 Stat. 943; June 22, 1988, Pub. L. 100–342, § 13(2)(A), 102 Stat. 631. |

The words “after learning of the violation” are substituted for “after the unlawful use of such locomotive, car, or train had been brought to his knowledge” in 45:7 for clarity.