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16.4 Injury at Work
The most common category of injury claimed with RCG falls within the coverage of S6(1)(b)(i) of the SRCA, i.e.:
b)'...while the employee:
(i)was at his or her place of work, for the purposes of that employment, or was temporarily absent from that place during an ordinary recess in that employment...'
Section 4(1) of the SRCA includes the following definition of 'place of work':
'place of work', in relation to an employee, includes any place at which the employee is required to attend for the purpose of carrying out the duties of his or her employment.'
Neither the 1971 Act nor the 1930 Act contain a corresponding definition, however the SRCA definition clearly has application to all three Acts.
This definition makes it clear that a client's place of work is not just their usual 'work base' but also includes any other place where they are required to attend for the purposes of their employment, e.g. a parade, a training facility, a Board of Inquiry. Where a client's normal duties include driving, (e.g. a courier or a bus driver) their place of work includes the vehicle. These cases are not to be treated as 'travel' claims.
In most cases, it will be obvious whether a client was at the place of work for the purposes of the Act. However, certain special cases may arise. These are discussed at 17.8.
Note that while presence at the 'place of work' is an important precondition for deciding that an injury has arisen out of or in the course of employment, the member's presence is not the only condition.
The member must also be on duty. See discussion below at 17.5.
Note; The above definition is current until amendments which came into effect on 13 April 2007 which changed the definition of s6(1)(b) in respect of ordinary recess.