A man who was injured in a car accident and found medically unfit to work has received more than R500 000 from the Road Accident Fund (RAF).
In 2023, Thabo Lawrence was a passenger in a car that was involved in a deadly accident at the intersection of Catherine Street and West Street in Sandton, Johannesburg.
Lawrence informed the court that the driver of the vehicle he was in lost control of it, leading to the accident.
He [Lawrence] claimed that he had lost his job because he was considered medically incapable of working.
RAF liable for damages
“No evidence was presented to contradict Lawrence’s version, which is not inherently improbable,” said judge Waideman.
“Lawrence is therefore successful on the aspect of negligence, and the RAF is liable for 100% of such damages as the plaintiff may be able to substantiate.”
According to Waideman, the factual foundation of Lawrence’s employment claim is rather limited.
He stated that he worked as a labourer assistant for the installation of solar panels on an informal, part-time basis.
“The suggestion is that each installation would take three to seven days, but there is no indication as to how often these installations took place or how many were done during a month or a year,” he said.
The court further ruled that there is uncertainty surrounding Lawrence’s employment because he had a pre-existing condition, epilepsy, which, based on the medical evidence, was exacerbated by the head injury sustained in the accident.
Waideman said the head injury might have influenced his ability to continue working on roof spaces or other raised areas for the installation of solar panels.
Past loss of income
“Based on the figures contained in the actuarial report, it seems that the amount in respect of accrued loss of income is R65 929.
“If a standard 5% deduction is made from this amount, then he is successful with a claim for past loss of income in the sum of R62 632.
“The calculation on CaseLines at 08-185 provides for him to have worked until 2052 — the year in which the plaintiff turns 65.
“If the figure of R935 948 is used as the point of departure and a 40% contingency deduction is applied, then the net amount in respect of future loss of income is R561 568.80,” stated the judge.
He said the claim for future hospital, medical, and ancillary expenses shall be dealt with by way of an un-apportioned undertaking in terms of Section 17(4)(a) of the Road Accident Fund Act.
