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News > Claimant's promotion hopes dashed after accident

Claimant's promotion hopes dashed after accident

updated: 24-Mar-10

 Vincent van Gogh may have sacrificed an ear in the furtherance of his art, but there was nothing quite so noble about the accident in which Lester Mashiloane* lost a portion of his ear – as well as the chance of a promotion – in 2006.

On 1 June of that year, on the corner of Outspan and Colebrook roads in Johannesburg, he was a passenger in a car that was involved in a collision when another vehicle skipped a stop street.
He sustained a minor head injury as well as whiplash, but the most prominent consequence of the accident was his shredded left ear, which had to be reconstructed by a plastic surgeon.
At the time of the accident, Lester was working as an administrative clerk and was then fortunate enough to be promoted to supervisor. However, as a result of his head injury, he has become forgetful and is not as productive as he was previously – and this has noticeably impacted on his ability to carry out his duties in his new position.
He approached de Broglio Attorneys to lodge a third-party claim against the Road Accident Fund. De Broglio’s experts established that were it not for the accident, based on Lester’s educational background and experience he would have stood an excellent chance of being promoted once more, this time to operational manager. Sadly, this is unlikely to occur now that his work performance has deteriorated.
The parties settled on an amount of R406 962 to compensate Lester for medical expenses, future loss of earning potential, and pain and suffering incurred as a result of the motor accident.
*Names have been changed to protect client confidenti
Claimant’s promotion hopes dashed after accident
Vincent van Gogh may have sacrificed an ear in the furtherance of his art, but there was nothing quite so noble about the accident in which Lester Mashiloane* lost a portion of his ear – as well as the chance of a promotion – in 2006.
On 1 June of that year, on the corner of Outspan and Colebrook roads in Johannesburg, he was a passenger in a car that was involved in a collision when another vehicle skipped a stop street.
He sustained a minor head injury as well as whiplash, but the most prominent consequence of the accident was his shredded left ear, which had to be reconstructed by a plastic surgeon.
At the time of the accident, Lester was working as an administrative clerk and was then fortunate enough to be promoted to supervisor. However, as a result of his head injury, he has become forgetful and is not as productive as he was previously – and this has noticeably impacted on his ability to carry out his duties in his new position.
He approached de Broglio Attorneys to lodge a third-party claim against the Road Accident Fund. De Broglio’s experts established that were it not for the accident, based on Lester’s educational background and experience he would have stood an excellent chance of being promoted once more, this time to operational manager. Sadly, this is unlikely to occur now that his work performance has deteriorated.
The parties settled on an amount of R406 962 to compensate Lester for medical expenses, future loss of earning potential, and pain and suffering incurred as a result of the motor accident.
*Names have been changed to protect client confidentiality


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