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)The widow of a man who died in a workplace accident on Darwin's Inpex gas plant is suing one of the companies involved, alleging her husband would still be alive if safety protocols had been followed.
Terry Delaney's husband Carl had been working alone inside a large tank late in 2017 when he fell into an insulation material called perlite and suffocated.
Maurice Blackburn yesterday filed documents in the Supreme Court of the Northern Territory on Mrs Delaney's behalf alleging Kawasaki Heavy Industries, which oversaw construction of the tanks, breached a duty of care owed to the worker.
"We say that Carl was owed a duty of care, that there was an obligation on those in charge of the site to establish, maintain and inform a safe system of work," Darwin-based lawyer Amy Williams said.
"We say those systems that were supposed to keep Carl safe failed him.
"When companies are making really large amounts of profit on the back of our Northern Territory workers, we say that it's incumbent on those companies to make sure that a high standard of safety is in place, to make sure that there is no room for error, and to make sure that men like Carl can go home to their families each night."
The documents also allege JKC Australia, a company contracted to build the Bladin Point gas plant, breached its duty of care.
It is alleged Mr Delaney would still be alive if both companies ensured work safety procedures were enforced and followed.
On behalf of Mr Delaney's three children, brother and mother, Mrs Delaney is now seeking compensation for his death, including for Mr Delaney's weekly income of about $2,400 for the remainder of his working years.
"Obviously we can only seek compensation — we can't replace Carl," Mrs Delaney said.
"But I want to be able to provide for my kids the way Carl would have, had he been here.
"At the very basis of it, his income should be replaced because not only have I lost my life partner and the future we had planned out, but I've lost that income as well."
A coronial report into Mr Delaney's death found safety guidelines at the site were regularly being ignored at the time of his fall.
The Northern Territory's work safety watchdog, NT WorkSafe, later filed charges against Kawasaki Heavy Industries alongside subcontractor Whittens Group, Mr Delaney's employer.
The case against Kawasaki Heavy Industries has since been dismissed, but court action against Whittens Group is ongoing.
