Hairdresser awarded R2.67 million by RAF after losing two fingers, court finds work capacity reduced

According to IOL, the Mpumalanga High Court in Mbombela has ordered the Road Accident Fund (RAF) to pay a hairdresser R2.67 million after she lost two fingers in a crash that reduced her earning capacity.

Judge finds injuries affected ability to work

According to IOL, Acting Judge TS Ngwenya found the woman’s injuries had significantly affected her ability to work. The woman, identified in court records as Prudence Dibakoane, was a passenger in a vehicle involved in a collision in March 2022 in White River, Mpumalanga, the report said.

Injuries, employment and earnings history

According to IOL, Dibakoane’s right middle and ring fingers were amputated after the crash. At the time of the accident she worked as a hairdresser at Split-ends salon and said she was unable to work for about a year afterwards.

According to IOL, before the accident she earned about R6,200 a month; when she returned her earnings dropped to about R3,200 a month. The report said she later became self-employed, rented a chair at a salon in White River and initially earned about R9,800, later declining to about R8,000.

Court accepts cash-income evidence

According to IOL, the RAF challenged aspects of Dibakoane’s evidence because she did not have payslips, tax or UIF records for all her income. The court accepted her explanation that part of her pay was banked while some was received in cash.

“I have no reason to doubt this, as cash payments are common in the informal sector,” the judge said, according to IOL.

Expert reports on work capacity and earnings

According to IOL, an occupational therapist found Dibakoane’s working speed had reduced because of the amputation and pain, and testing showed below-average grip strength in her right hand. The occupational therapist concluded these limitations would compromise her ability to perform at the same level as uninjured workers and make her a vulnerable competitor in the open labour market.

According to IOL, an industrial psychologist also found her work speed was affected and that she could lose customers because hairstyles now require additional time to complete.

Court rejects RAF argument on future earnings

According to IOL, the RAF disputed projections that Dibakoane could have progressed to higher earnings through self-employment. The court found objective evidence supported that projection and noted Dibakoane had transitioned into self-employment and increased her earnings despite her limitations.

Compensation ordered

According to IOL, actuarial calculations placed the past loss of earnings at R192,119 and the adjusted future loss of earnings at R2,477,215.25, resulting in a total award of R2.67 million. The RAF was ordered to pay the amount with interest at 10.25% per annum from the date of judgment until payment, to provide an undertaking covering 100% of the costs of Prudence’s future accident-related medical, hospital and related treatment (subject to proof), and to pay her legal costs, the report said.

Outstanding issue

According to IOL, 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.