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19.1 Acts of Violence

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Section 6(1)(a) of the SRCA states:

6(1) Without limiting the circumstances in which an injury to an employee may be treated as having arisen out of, or in the course of, his or her employment, an injury shall, for the purposes of this Act, be treated as having so arisen if it was sustained:

a)              as a result of an act of violence that would not have occurred but for the employee's employment or the performance by the employee of the duties or functions of his or her employment

The Delegate must therefore establish whether the act of violence would not have occurred but for the client's employment or the performance of duties or functions of employment.

Even if an act of violence does not fall within S6(1)(a), an injury sustained from an act of violence may nevertheless be compensable under S6(1)(b) or more generally if it arose out of, or in the course of, the client's employment.  This is because S6 (1)(a) is essentially a restatement of settled law in relation to “arising out of employment”.  Therefore the act of violence may thus result from the nature of the member's employment or from the performance of the work duties or functions.