If motor vehicle accidents happen while employees are doing their jobs, then

they can get compensation from the Compensation Fund. But if they are injured in a motor vehicle accident caused by someone else’s negligent or unlawful driving, even if this is on the job, they can also make a third party claim from the Road Accident Fund. The money received from the Compensation Fund will be taken off the third party payment. For example, if the Road Accident Fund agrees to pay damages of R15 000, but the Compensation Fund has already paid R10 000, then the employee will only get R5 000 damages from the Fund.

Employees cannot sue their employer for damages if they were injured on the job. But if the employer caused injury to employees while they were NOT on the job, then the employee could sue him or her.