The Mpumalanga High Court in Mbombela has ordered the Road Accident Fund (RAF) to pay a hairdresser, Prudence Dibakoane, R2.67 million for past and future loss of earnings after she lost two fingers in a crash. Acting Judge TS Ngwenya found that Dibakoane's injuries had significantly affected her ability to work as a hairdresser. The accident occurred in March 2022 in White River, Mpumalanga, when Dibakoane was a passenger in a vehicle that collided with another vehicle.
Dibakoane was admitted to Kiaat Hospital after the accident, where her right middle and ring fingers were amputated. At the time of the accident, she was working as a hairdresser at Split-ends salon, earning about R6,200 a month. However, after the accident, she was unable to work for about a year, and when she returned to the salon, her earnings dropped to about R3,200 a month. She later became self-employed, working from a salon in White River, where she initially earned about R9,800 a month.
The RAF challenged aspects of Dibakoane's evidence, including the lack of conventional employment records such as payslips and tax or UIF registration. However, Judge Ngwenya found that the absence of documentary proof for all of her income did not mean that her claim should fail. The judge noted that Dibakoane worked in the informal hairdressing sector and that it was not seriously disputed that she received some income in cash.
Experts found that Dibakoane was disadvantaged in the labor market due to her injuries. An occupational therapist found that she reduced working speed because of the amputation and pain affecting her hand. Although she retained the ability to perform medium work, testing showed below-average grip strength in her right hand. The occupational therapist found that her limitations would compromise her ability to perform at the same level as uninjured workers.
An industrial psychologist similarly found that Dibakoane's work speed had been affected, and that she could lose customers because of the additional time needed to complete hairstyles. The expert concluded that her earnings were likely to remain below what she could have earned without the accident. The court found that the objective evidence supported the projection that Dibakoane could have progressed to higher earnings through self-employment.
The court calculated Dibakoane's past loss of earnings at R192,119 and her adjusted future loss of earnings at R2,477,215.25, resulting in a total award of R2,669,334.25. The RAF was ordered to pay the amount with interest at 10.25% per annum from the date of judgment until payment. The RAF was also ordered to provide an undertaking covering 100% of the costs of Dibakoane's future accident-related medical, hospital, and related treatment.
Meanwhile, Dibakoane's claim for general damages remains outstanding and will be determined after the serious injury assessment process is concluded by the Health Professions Council of South Africa. The RAF was further ordered to pay her legal costs. The court's decision highlights the importance of considering the impact of injuries on an individual's ability to work, particularly in the informal sector where employment records may be limited.
Key points
- The Mpumalanga High Court awarded a hairdresser R2.67 million for past and future loss of earnings after she lost two fingers in a crash.
- The court found that the hairdresser's injuries had significantly affected her ability to work, and that her earnings were likely to remain below what she could have earned without the accident.
- The Road Accident Fund was ordered to pay the amount with interest and provide an undertaking covering 100% of the costs of the hairdresser's future accident-related medical treatment.
