Prison Worker's Heroic Act Leads to Major WorkCover Settlement
A prison maintenance officer who tackled an escaping inmate has been awarded a significant WorkCover payout after a jury found his employer at fault for failing to provide proper training. The case highlights the risks faced by support staff in high-risk environments and the importance of clear procedures.
Glen Smits, a dedicated maintenance worker at Fulham Prison in Victoria’s Gippsland region, suffered a severe spinal injury when he was ordered to stop a prisoner during a daring escape attempt. The injury required 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 Mr. Smits substantial compensation after finding in his favor. Despite the successful outcome, the jury also noted a small degree of contributory negligence on his part.
Lawyers representing the Victorian WorkCover Authority had initially supported the private operator of the jail, The GEO Group, arguing that Mr. Smits was acting outside of proper procedures by stepping in to stop the escaping prisoner. However, the defense failed to produce any documentation showing that maintenance staff had received training or guidance on how to respond during a prisoner escape.
This lack of training proved to be a critical factor in the jury’s decision, as they rejected the workplace watchdog’s arguments. While the settlement remains 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 conducting her first-ever jury trial. Speaking after the verdict, Ms. Snipe emphasized the serious failures by authorities.
“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.”
Ms. Snipe added that the outcome sent a strong message to employers. “Where employees may be placed in harm’s way, clear training and procedures are essential,” she said. “This verdict reinforces that workers should not be left without direction when confronted with serious risks in the course of their employment.”
Ms. Hourigan described the result as highly 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 importance of adequate training in high-risk environments such as Fulham Prison. The privately operated jail has experienced numerous incidents over the past decade, including riots, escapes, and allegations of misuse of force.
In 2012, about 30 prisoners rioted over new flexible toothbrushes, the removal of pay TV, and stricter dress codes. In 2016, two prisoners escaped from the medium-security facility but were recaptured shortly afterwards. 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.
Fulham Prison has also seen prisoner-on-prisoner assaults, staff injuries from brawls, and several deaths in custody, including cases that 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.
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