RAF Claims and Loss of Earnings: What Records May Help?

An accident may affect income long after the damaged vehicle has been repaired. An injured person may miss shifts, use unpaid leave, work fewer hours or be unable to return to the same duties. If that happens, clear records can help explain what changed and why.

A loss-of-earnings claim is not proved by one document. The employment history, earnings records and medical evidence should tell a consistent story about the person’s work before the accident, the effect of the injuries and the resulting financial loss.

What does “loss of earnings” mean?

Loss of earnings generally concerns income that an injured person could not earn because accident-related injuries affected the ability to work. It may involve a temporary absence, reduced duties or working hours, or a longer-term loss of earning capacity.

The amount is not simply assumed from the injury. The work actually performed, the income earned before and after the accident, the medical restrictions and the likely future position all need to be assessed.

Records for employees

The RAF’s published guidance refers to an employer’s certificate explaining the nature and period of employment, remuneration, prospects of advancement and retirement age. Payslips from before and after the accident and relevant tax records may also help establish the earnings pattern.

Useful records can include:

• Payslips covering a sensible period before and after the accident.
• A letter from the employer confirming the job, salary, absence dates and any reduced hours or duties.
• Leave records showing sick leave, unpaid leave or incapacity leave.
• Employment contracts, commission records and evidence of regular overtime or allowances.
• Relevant tax records and bank statements where they are needed to confirm income actually received.

Keep the original records and make readable copies. If an employer records the reason for an absence incorrectly, ask for it to be corrected while the events are still recent.

Records for self-employed people

Variable or business income can require a broader picture. A few invoices may not show seasonal work, irregular projects or business expenses. Keep the records that show how the business normally operated and how the accident changed it.

These may include tax returns, financial statements, bank statements, invoices, quotations, appointment diaries, contracts and correspondence about work that was cancelled or reassigned. A short chronology can help connect each interruption to the period of injury, treatment or recovery.

Do not create estimates after the fact without explaining their basis. Keep the underlying documents and identify which amounts are turnover, expenses and personal income.

Medical evidence must connect with the work impact

Financial records show the numbers, but medical records help explain why the work was missed or changed. Keep hospital and treatment records, medical certificates and reports dealing with incapacity or restrictions. Record when an employer offered lighter duties and whether those duties could be performed.

Be accurate about other causes of reduced income. If the business was already slowing down, employment ended for another reason or income varied before the accident, that information should be considered rather than hidden.

Record income received from other sources

The RAF’s guidance also refers to official confirmation of remuneration or compensation received from other sources, disability grants and Compensation Fund awards where relevant. Keep those records and tell your adviser about them so that the financial position can be assessed correctly.

What if records are missing?

Start with what is available and list what is missing. An employer, bank, accountant, SARS or medical provider may hold copies. Ask for advice early about which records matter in the circumstances and about the applicable time limits. A website enquiry does not lodge a claim with the RAF.

Need help assessing a possible RAF claim?

GCM Legal can help assess whether a RAF claim may be available and what information is still needed. We can be contacted through this website.

Sources: Road Accident Fund, How to Claim (raf.co.za/Claims/Pages/How-To-Claim.aspx); Government Gazette No. 46322, Board Notice 271 of 2022, Schedule paragraphs 2.3.2. Accessed 25 September 2026.

Hero photograph: Zak H / Pexels, photo 33702556, used under the Pexels licence. Illustrative South African road scene; it does not depict the accident discussed in any individual claim.