Bosses Blamed Hero Prison Worker Who Injured Himself Stopping Escapee, Wins Large Settlement

A Prison Worker’s Bravery and the Legal Battle That Followed

A prison maintenance officer who bravely tackled an escaping inmate has won a significant legal victory against his employers, highlighting serious issues in workplace safety and training. The case, which involved a former employee of Fulham Prison in Victoria's Gippsland region, has drawn attention to the risks faced by support staff in high-risk environments.

Glen Smits, a dedicated maintenance worker, suffered a severe spinal injury after being ordered to confront a prisoner during an escape attempt. His injuries were so serious that he required multiple surgeries and the implantation of a spinal cord stimulator to manage chronic nerve pain. Despite the severity of his condition, the case was not straightforward, as the employer and WorkCover Authority initially contested the claim.

The jury in the Latrobe Valley Civil Circuit ruled in favor of Mr. Smits, awarding him substantial compensation. This decision came after the defense failed to provide any evidence that maintenance staff had received proper training on how to handle escape situations. The lack of documentation proved critical, leading the jury to reject the arguments made by the Victorian WorkCover Authority.

While Mr. Smits was successful in his claim, the jury found a small degree of contributory negligence on his part. However, this did not diminish the significance of the verdict, which has been seen as a strong message to employers about the importance of providing clear training and procedures for employees.

The case, handled by the Traralgon team at Arnold Thomas & Becker, was led by lawyer Marita Snipe, with Bethany Hourigan overseeing her first-ever jury trial. Ms. Snipe emphasized the importance of the outcome, stating that it highlighted serious failures by authorities. She noted that Mr. Smits suffered a catastrophic injury while responding to an emergency at work and that the jury recognized the lack of guidance provided to him.

Ms. Hourigan described the result as meaningful for Mr. Smits, especially after a long and challenging legal battle. She added that the jury clearly understood the long-term impact of his injuries on his life.

This case has brought attention to the dangers faced by prison support staff and the need for adequate training in high-risk environments. Fulham Prison, which is privately operated by The GEO Group, has experienced several incidents over the years. In 2012, a riot broke out due to changes in policies regarding toothbrushes, pay TV, and dress codes. In 2016, two prisoners escaped from the medium-security facility but were recaptured shortly after.

More recently, in 2022, the Victorian Ombudsman found that a prison supervisor used unreasonable force against a remand prisoner and failed to report the incident or provide medical care. These events have raised concerns about the conditions and practices within the prison.

Fulham Prison has also seen cases of prisoner-on-prisoner assaults, staff injuries from brawls, and several deaths in custody, some of which have triggered coronial investigations and public concern. WorkSafe Victoria declined to comment on the incident, citing privacy reasons, while GEO Group did not respond to requests for comment in time for publication.

This case serves as a reminder of the importance of ensuring that employees in high-risk environments are properly trained and supported. It also underscores the need for accountability and transparency in handling such incidents. The outcome of Mr. Smits’ case is a significant step toward addressing these issues and protecting workers from preventable harm.