Prison Worker's Heroic Act Leads to Major WorkCover Settlement
A prison maintenance officer who suffered a severe spinal injury while trying to stop an inmate from escaping has won a significant WorkCover payout. The case highlights serious failures in workplace safety and training, as the jury found that the employer did not provide adequate guidance for staff in emergency situations.
Glen Smits, a dedicated maintenance worker at Fulham Prison in Victoria’s Gippsland region, was injured when he was ordered to tackle a prisoner during a daring escape attempt. The incident left him with a catastrophic lumbar spine injury, requiring multiple surgeries and the implantation of a spinal cord stimulator to manage chronic nerve pain.
The Gippsland jury delivered a landmark WorkCover verdict in the Latrobe Valley Civil Circuit, awarding substantial compensation to Mr. Smits after ruling in his favor. Despite the severity of his injuries, the jury found a small degree of contributory negligence on his part, indicating that while he acted heroically, there were some factors that contributed to the incident.
Lack of Training Proves Critical
Lawyers representing the Victorian WorkCover Authority initially supported the private operator of the jail, The GEO Group, arguing that Mr. Smits had acted outside proper procedures by intervening during the escape. However, this defense fell apart when the company failed to provide any documentation showing that maintenance staff had received training, instructions, or guidance on how to respond during a prisoner escape.
The absence of proper training was a decisive factor in the jury’s decision, as they rejected the argument that Mr. Smits had acted recklessly. The case has sparked a broader conversation about the responsibilities of employers in high-risk environments, particularly in facilities like Fulham Prison.
Legal Battle and Significant Outcome
While the exact details of the settlement remain confidential, 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, led by lawyer Marita Snipe, with Bethany Hourigan instructing in her first-ever jury trial.
Ms. Snipe emphasized the importance of clear training and procedures for employees in dangerous situations. “Our client suffered a catastrophic spinal injury while responding to an emergency situation at his workplace,” she said. “The jury carefully considered the evidence and ultimately rejected the suggestion that Mr. Smits was acting outside his responsibilities without proper guidance.”
She added that the outcome sends a strong message to employers: “Where employees may be placed in harm’s way, clear training and procedures are essential. This verdict reinforces that workers should not be left without direction when confronted with serious risks in the course of their employment.”
Impact on Prison Staff and Safety Concerns
Ms. Hourigan described the result as meaningful for Mr. Smits after a challenging legal battle. “This case was strongly defended, so achieving this verdict was very meaningful for our client. The jury clearly recognized the long-term impact that these injuries have had on his life,” she said.
The case has drawn 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, has been involved in several incidents over the past decade, raising concerns about safety and accountability.
A History of Incidents
In 2012, approximately 30 prisoners rioted over new policies regarding toothbrushes, pay TV, and dress codes. In 2016, two prisoners escaped from the medium-security facility but were recaptured shortly after. In 2022, a prison supervisor was found to have used unreasonable force against a remand prisoner, leading to public concern and scrutiny.
Fulham Prison has also seen prisoner-on-prisoner assaults, staff injuries from brawls, and several deaths in custody, some of which triggered coronial investigations and public outrage.
WorkSafe Victoria declined to comment on the incident due to privacy concerns. Daily Mail contacted The GEO Group for comment but did not receive a response in time for publication.
No comments:
Post a Comment