Widow wins compo for nine minutes
Ryan Messenger was newly married at the age of 25 when he died after being trapped under a heavy earthmoving excavator at a quarry in New South Wales’s Hunter Valley.
After medical experts showed that he did not die instantly, and had survived for at least nine minutes after the excavator toppled on to him in September 2014, his wife Alexandra, who was widowed at the age of 23, has been awarded compensation for his workplace injury, in addition to a death benefit.
David Jones,
O’Dea Lawyers, from Carroll and said the Supreme Court decided in November that Ryan Messenger had suffered a permanent impairment which gave rise to an entitlement to workers’ compensation, even though his death followed shortly afterwards.
His death then gave rise to the separate entitlement to compensation.
Jones said the decision could potentially open the way for other similar claims. He said the case could change the way workers’ compensation and workplace injury and death matters were dealt with in NSW, and had opened the door to an additional compensation payment in such cases.
The insurer for Hunter Quarries Pty Ltd is appealing on its behalf.
Jones said NSW government changes to workers’ compensation law had made it difficult to make claims for permanent impairment after 2002. He said the ability to claim for a workplace injury as well as death benefits had been unclear.
‘‘This case has enormous implications for workers’ compensation in the state, as it recognises a separate entitlement to compensation for an injury where death follows within a short time frame,’’ he said.
Jones said the court decision meant that where death was not instant, even if it followed not long afterwards, then compensation the decision was payable and death.
‘‘This was the case for injuries prior to 2002. However, the introduction of permanent impairment guidelines for post-1 January, 2002 injuries cast some doubt upon the ability to recover for both injury and death,’’ he said.
‘‘Following amendments to the Workers’ Compensation Scheme in August 2015, the additional impairment is now worth a maximum payment of A$598,560 in compensation. This is in addition to the current death benefit of A$781,900 and this is one reason why the case now has considerable significance.’’
Jones said the couple had been married for only a short time and for both the injury had bought their first home before the fatal accident.
‘‘The tragedy of her husband’s death was not something his widow wanted to be meaningless, and she sought to gain recognition of the injury he suffered before dying,’’ he said.
He said the Supreme Court of NSW had upheld an earlier decision awarding Alexandra Messenger compensation for the injury. The matter was being appealed in the Court of Appeal of NSW.
A spokesman for the NSW state government said: ‘‘The matter is on appeal with the NSW Court of Appeal, and it would be inappropriate to comment on matters before the courts.’’