A Prison Worker’s Heroic Act Leads to Major Compensation
A prison maintenance officer who suffered a life-changing injury while trying to stop an inmate from escaping has won a significant WorkCover payout. The case highlights the importance of proper training for staff working in high-risk environments like prisons.
Glen Smits, a maintenance worker at Fulham Prison in Victoria's Gippsland region, was injured when he tackled an inmate during a daring escape attempt. The incident left him with a severe spinal injury that required multiple surgeries and the implantation of a spinal cord stimulator to manage his chronic pain.
A jury in the Latrobe Valley Civil Circuit recently ruled in favor of Mr. Smits, awarding him substantial compensation. The verdict came after the jury found that his employers had failed to provide adequate training for staff on how to handle prisoner escapes.
Lawyers representing the Victorian WorkCover Authority initially argued that Mr. Smits had acted recklessly by stepping in to stop the escape. However, their case fell apart when they could not produce any documentation showing that maintenance workers had received proper training or guidance.
The lack of training was a key factor in the jury's decision. They rejected the argument that Mr. Smits had acted outside his responsibilities. While the jury acknowledged a small degree of contributory negligence on his part, they ultimately found that the failure to train staff was the main issue.
The Cost of the Settlement
Although the exact details of the settlement remain confidential, it is reported that the total cost, including legal fees, will exceed $1 million. This underscores the financial burden that can be placed on taxpayers when workplace safety standards are not met.
The case was handled by the Traralgon team at Arnold Thomas & Becker, led by lawyer Marita Snipe. Bethany Hourigan, who was handling her first-ever jury trial, played a crucial role in the proceedings.
Ms. Snipe emphasized that the outcome highlighted serious failures by the 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.”
She added that the verdict sends 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.”
A Meaningful Victory
Ms. Hourigan described the result as a meaningful victory for Mr. Smits after a challenging legal battle. “This case was strongly defended, so achieving this verdict was very meaningful for our client,” she said. “The jury clearly recognized the long-term impact that these injuries have had on his life.”
The case has brought attention to the dangers faced by prison support staff and the need for proper training in high-risk environments. It also highlights the ongoing issues at Fulham Prison, which has been involved in several incidents over the past decade.
A History of Incidents
Fulham Prison has seen its share of problems. 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 after.
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 experienced prisoner-on-prisoner assaults, staff injuries from brawls, and several deaths in custody, some of which triggered coronial scrutiny and public concern.
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