ZAH Accident and Personal Injury Report 2015

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ZAH Accident and Personal Injury Report 2015Download this free report. It includes:Statistics and data on accidents in ZimbabweZAH mission statement, objectives and strategy

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2015

ACCIDENT & PERSONAL INJURY REPORT

CONTENTS
► Particular Shortcomings of Fault System for Underprivileged People – Page 3
► Accidents at Work – Page 4
► Economic Benefits of Instigating an Accident at Work Claim in Court – Page 5
► Road Traffic Accidents – Page 6
► Zimbabwe Accident Helpline: Strategic Partnerships and Alliances – Page 7
► ZAH Mission Statement & Objectives – Page 9

2|Page

Particular Shortcomings of Fault System for Underprivileged People
Our system of fault liability often results in gross injustice to financially underprivileged plaintiffs and the
only persons who can adequately exploit the fault system to their advantage are the wealthy. Some of the
particularly harsh effects for the financially impoverished claimant in Zimbabwe can be identified.
First, there is the widespread incidence of what might be termed legal illiteracy. People are often unaware
that they are entitled to claim compensation or, if they do know, they will not know how to pursue their
claims and what they must establish before compensation will be paid.
Second, under a fault system poor claimants start from a decidedly weak bargaining position. The
practical effect of this weak economic position may often be that such claimants may either receive no
compensation or they may be substantially under-compensated for their injuries. If a claimant lacks the
financial resources to pursue his claim in court, he may effectively be left remediless as, even in a clear
cut case of fault, D can simply deny negligence knowing that P is unable to take the matter to court.
Third, even where limited financial resources or legal aid assistance allowed the injured party to pursue his
claim to a successful conclusion, the time lapse between the injury being sustained and compensation
being paid will almost invariably have been extremely long and the impoverished injured party will have
to survive without desperately needed compensation over this period. This naturally results in extreme
hardship to the injured party and his family.

3|Page

Accidents at Work
According to statistics from NSSA, the last five years have showed a consistent rise in the number of
occupational deaths, injuries and diseases. In 2008, 3 810 serious injuries and 65 deaths were recorded. In
2011 there were 4158 workers seriously injured at work, 75 of whom died. In 2012 there were 5141 serious
injuries, 107 of which were fatal. In 2013 there were 5666 injuries recorded, 76 of which were fatal. In the
first eight months of 2014, 3598 serious injuries at work were recorded, with 71 deaths.
The National Social Security Authority (NSSA) says it is concerned about the wilful disregard of health and
safety procedures exhibited by both the employees and employers at various work places a development
it says has resulted in many workers succumbing to fatal injuries.
An in-depth study that was carried out by NSSA has indicated that there is a culture amongst both the
employees and the employers of not adhering to the set safety standard precautions. Sometimes, the
worker will have the required safety clothing but decides against using it so as to speed up the job at hand,
resulting in an accident. On the other hand some employers are not willing to adhere to the set standards.
In 2013 the Workers Compensation Rehabilitation Centre in Bulawayo received 1 192 patients and of these
685 were admissions and 507 were treated and discharged. According to the statistics available at the
centre, some 60 percent of workers admitted at the centre have hand injuries due to machine cuts or
crushes. Back injuries due to lifting of heavy loads account for 15 percent of injuries, while leg fractures
and damage for other parts of the body account for 10 to 15 percent. Common conditions that are treated
at the rehabilitation centre include physical injuries, spinal cord injuries, amputation, musculosketal pain
syndromes such as low back pain, and traumatic brain injury.

4|Page

Economic Benefits of Instigating an Accident at Work Claim in Court
Gwiriri v Starafrica Corporation (Private) Limited t/a Highfield Bag (Private) Limited
Harare High Court
Case No: HC 421/08
The plaintiff was employed by defendant from 1990 to 2006. He was employed as a Cibra Machine
Operator. Later he was assigned to work as an Assistant Tapeline 11 Machine Operator. On the 19 to 20
April 2006 the plaintiff was involved in a workplace accident. His right hand was trapped between machine
rollers of the tapeline 11 machine as he tried to insert some broken plastic strands. He sustained a crushed
right hand assessed at 65% disability. After the accident he was taken to hospital. He remained
hospitalised from the 20th April 2006 to 4 September 2006. Upon discharge from hospital he was later
discharged from employment on medical grounds with effect from 1 June 2007.
As defendant was a contributor to the National Social Security Authority Scheme, here in after referred to
as NSSA, relevant documents were completed and plaintiff was awarded compensation in terms of the
NSSA scheme. Upon receipt of the compensation the plaintiff approached his employer for more
compensation as he stated that the compensation from NSSA was too little. The defendant declined to
compensate the plaintiff contending that he had been adequately compensated in terms of the NSSA
scheme.
The plaintiff being dissatisfied sued defendant in this court for more compensation in the form of damages.
Judgment was hereby entered for the plaintiff and against the defendant as follows:US$3000.00 being damages for pain and suffering.
US$6000.00 being damages for permanent disfigurement and loss of amenities of life.
US$11407.00 being damages for loss of future earnings.
5|Page

Road Traffic Accidents
According to the recent statistics from the Traffic Safety Council of Zimbabwe, a total of 12,910 people
were injured in 2013 against 11,458 who were injured in road traffic accidents in 2014. A total of 1,695
deaths were recorded from January to October 2013 compared to 1,340 during the same period in 2014.
The statistics also reveal that from January to October 2013 a total of 32,693 accidents were recorded
compared to 33,360 recorded during the same period in 2014.
Road Safe Zimbabwe statistics show that there is a traffic collision every 15 minutes in Zimbabwe, implying
that an average of 45 people are being injured every day (some critically), while an average of 7 people
are killed on a daily basis.
Statistics provided by the Zimbabwe Republic Police (ZRP) in 2013 show that in 2012 there were:
Traffic crashes - 30911
Deaths due to road traffic accidents - 2094
Injuries due to road traffic accidents - 14965
Road accident investigators claim that accidents in Zimbabwe are caused by vehicle defects, speeding,
animals, following too close to another vehicle, driver fatigue (inattention, misjudgement and distraction),
failure to give way, turning in front of oncoming traffic, overtaking error, drunken driving, worn out tyres and
overloading.

6|Page

Zimbabwe Accident Helpline: Strategic Partnerships & Alliances
Road Safe Zimbabwe
The raison d'être for Road Safe Zimbabwe is to contribute towards a significant realisation of health,
social and economic benefits of managing and preventing road traffic fatalities in Zimbabwe through
advocacy, training, education, social mobilization plus provision and promotion of appropriate
information and technologies. With particular emphasis on the most vulnerable road users – the youths,
pedestrians, cyclists and public transport users, Road Safe Zimbabwe will work with key stakeholders
and influence decision makers to maximise our impact.
Zimbabwe Accident Helpline (ZAH) has partnered with Road Safe Zimbabwe to form an Association for
victims and their families that will provide an efficient post crash support system to ensure that victims
and their families manage the physical, mental, financial and social burdens that come with the
occurrence of a road traffic crash.

The Insurance Council of Zimbabwe (ICZ)
The Insurance Council of Zimbabwe (ICZ) is a professional association for Insurers and Re-insurers. In
2014 the business generated by insurance companies remained skewed towards motor and fire
insurance, with the two business classes contributing 63,87 percent of total GPW during the period
under review compared to 62,19 percent for the prior period. The motor insurance business was the
dominant source of business accounting for more than 40 percent of total GPW. In 2014 the gross
premium written (GPW) was valued at US$153, 20 million.
The Insurance Council of Zimbabwe (ICZ) is encouraging all people who were injured or lost their
relatives in road traffic accidents during the last two years to file for compensation.
7|Page

The Insurance Council of Zimbabwe (ICZ) and Zimbabwe Accident Helpline (ZAH) are currently
conducting research on how Road Traffic Accidents can be prevented and how to ensure
compensation for all innocent road accident victims in the Republic of Zimbabwe.

The John Hopkins International Injury Research Unit
Zimbabwe Accident Helpline is currently conducting Research on Road Traffic Injury Prevention and
Control in Low- and Middle-Income Countries through the John Hopkins International Injury Research
Unit (WHO Collaborating Center for Injuries, Violence and Accident Prevention). Zimbabwe Accident
Helpline is a member of the Road traffic Injuries Research Network (RTIRN).

8|Page

ZAH Mission Statement
►To identify effective solutions to accident and injury prevention
►To empower disadvantaged communities who can’t afford legal advice

ZAH Objectives
►To influence public policy and practice on accident and injury prevention
►To provide access to justice for victims of non-fault accidents
►To deliver significant economic benefits to disadvantaged communities
ZAH helps accident victims to claim for general and special damages:
►Medical and hospital expenses (Past)
►Future medical expenses (Prospective)
►Other expenses occurring as a direct result of the accident (Past)
►Loss of earnings (Past)
►Loss of earning capacity (Prospective)
►Pain and suffering (Past and Prospective)
►Disfigurement (Prospective)
►Loss of amenities of life
►Shortened expectation of life (Prospective)
9|Page

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