Prison Worker’s Heroic Act Leads to Significant WorkCover Settlement
A prison maintenance officer who tackled an escaping inmate has been awarded a substantial WorkCover payout after a jury found his employer failed to provide adequate training. The case highlights the critical importance of proper procedures in high-risk environments.
Glen Smits, a dedicated maintenance worker at Fulham Prison in Victoria’s Gippsland region, suffered a severe spinal injury when he was ordered to tackle a prisoner attempting to escape. The incident occurred during a daring attempt by the inmate, which led to Mr. Smits sustaining a catastrophic lumbar spine injury. This injury required three surgeries and the implantation of a spinal cord stimulator to manage chronic nerve pain.
The case was heard in the Latrobe Valley Civil Circuit, where a Gippsland jury delivered a significant WorkCover verdict in favor of Mr. Smits. The ruling came after the defense, representing the private operator of the jail, The GEO Group, accused Mr. Smits of “playing the hero” and acting outside established procedures.
However, the defense’s argument fell apart when they could not produce any documentation showing that maintenance staff had received training on how to respond to a prisoner escape. This lack of training proved to be a crucial factor in the jury’s decision, as they rejected the workplace watchdog’s claims.
While Mr. Smits was successful in his claim, the jury did find a small degree of contributory negligence on his part. The settlement remains confidential, but it is understood that the Victorian taxpayer’s WorkCover bill, including legal costs, will exceed $1 million.
The case was handled by the Traralgon team at Arnold Thomas & Becker, with lawyer Marita Snipe leading the effort. Bethany Hourigan, who was involved in her first-ever jury trial, described the outcome as meaningful for Mr. Smits after a challenging legal battle.
Ms. Snipe emphasized the serious failures by authorities, stating that Mr. Smits suffered a catastrophic injury while responding to an emergency at his workplace. She noted that the jury carefully considered the evidence and ultimately rejected the suggestion that Mr. Smits was acting without proper guidance.
The verdict sends a strong message to employers about the necessity of clear training and procedures when employees are placed in harm’s way. Ms. Snipe added that workers should not be left without direction when facing serious risks in their jobs.
High-Risk Environment and Past Incidents
The case has drawn attention to the dangers faced by prison support staff and the importance of adequate training in high-risk environments such as Fulham Prison. The privately operated facility has experienced several incidents over the past decade, raising concerns about safety and management.
In 2012, approximately 30 prisoners rioted over new flexible toothbrushes, the removal of pay TV, and stricter dress codes. In 2016, two prisoners, Chris Lyons and Michael Jarmyn, escaped from the medium-security facility. They were recaptured shortly after a police manhunt.
In 2022, the Victorian Ombudsman found that a prison supervisor used unreasonable force by punching a remand prisoner in the face, failed to report the incident, and restricted the prisoner’s access to medical help. The prison has also seen prisoner-on-prisoner assaults, staff injuries from brawls, and several deaths in custody, some of which triggered coronial scrutiny and public concern.
WorkSafe Victoria declined to comment on the incident on privacy grounds. Daily Mail contacted GEO for comment, but did not receive a response in time for publication.
