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19.1.3 Links between violence, the injury and the employment

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Last amended 
28 November 2016

Where an act of violence or abuse is involved, there must be a clear link between the medical condition suffered and the act of violenceor abuse, and furthermore, a clear link between the act of violence or abuse and the employment.

  • Link between the medical condition and the act of violence or abuse. There must be a causal link between the act of violence or abuse and the claimed medical condition. The causal link need not be exclusive. It is sufficient if the act of violence or abuse is one of several causes triggering the medical condition, providing the act of violence or abuse is not a trivial or immaterial causal factor
  • Link between the violence or abuse and the employment. There must be a clear causal link between the employment and the act of violence or abuse, e.g. an assault on a soldier on guard duty by an intruder who has entered the patrolled area. Note that, in such a case, the soldier would also be in the course of employment.

 

However, S6(1)(a) does NOT require a temporal link between the employment and the act of violence or abuse. Accordingly, a corporal or sergeant etc. on leave who was assaulted by a private soldier as a 'pay back' for perceived mistreatment would be covered by S6(1)(a) even though he or she was not in the course of employment at the time of the assault.