After a devastating accident, a pedestrian will receive R2.6 million in compensation from the Road Accident Fund for permanent cognitive and behavioural changes. 

The compensation was awarded for the past and future loss of earnings for the man who was 28 years old at the time of the accident. He was a pedestrian when knocked by a vehicle on 15 September 2019.

At the time the man had secured employment in Stikland, Parow in Cape Town where he held the position of a general worker since 2017, having assisted in repairing traffic lights that were out of order and required new globes. 

While he was not permanently employed by the company, his position was full-time, and at the time of the accident, he was serving a six-month probation period. This showed the company’s intention to possibly employ the man, who had worked himself to the level of a  semi-skilled labourer, having entered the job market as unskilled – grade 9 being his highest level of education.

However, his prospects of being gainfully employed prematurely ended due to the accident.

The resilient man had, in hopes of maintaining employment during 2020, returned to his employer after recovering from the accident but in February 2021 he suffered an epileptic seizure while at work and was told not to return. 

He was handed a letter to claim from the Unemployment Insurance Fund (UIF).

The court heard from the neurosurgeon, clinical psychologist, speech and occupational therapists who assessed the plaintiff. They were all in agreement that the serious nature of the plaintiff’s injuries, and their continuing and permanent sequelae have rendered the plaintiff unemployable in any capacity, and that he can never again become a contender for employment.  

These sequelae include, but are not limited to, severe communication deficits as well as permanent and uncontrollable epileptic seizures.

In the Western Cape High Court, acting judge Ncumisa Mayosi, said: “[The] picture for the plaintiff and his prospects changed when he secured and retained the position at (his last employer).

“It changed from an unskilled level where he was doing ‘piece-jobs’ with various employers and no job security, to a level where was in stable, fixed, full-time employment, performing relatively more technical tasks and where he was being considered for permanent employment. The description of the nature of his employment then changed from unskilled, intermittent casual work to stable, full-time, fixed employment.

“Furthermore, given the determination to remain gainfully employed which the plaintiff had demonstrated since he left school in grade 10, first working on an ad hoc basis until he secured full-time employment (at his last employer)…combined with the fact that after the accident he returned to work, it is not a stretch to assume that if the accident had not occurred he would have continued working at (the company) or moved to similar employment… and that over time he would have sustained that motivation and improved his skills as he went along, until he reached the semi-skilled level,” said acting judge Mayosi.

The plaintiff was awarded for past loss of earnings, future loss of income as well as general damages.

chevon.booysen@inl.co.za

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