How a Heroic Worker Faced Blame After Injury During Inmate Escape: Wins Major Settlement

Prison Worker's Heroic Act Leads to Major WorkCover Settlement

A prison maintenance officer who tackled an escaping inmate has received a significant WorkCover payout, highlighting the importance of proper training for staff in high-risk environments. Glen Smits, a dedicated worker at Fulham Prison in Victoria’s Gippsland region, suffered a severe spinal injury while trying to stop a prisoner from fleeing during a daring escape attempt.

The incident occurred when Mr. Smits was ordered to tackle an inmate who was running towards him. The injury required three surgeries and the implantation of a spinal cord stimulator to manage his chronic nerve pain. A Gippsland jury recently delivered a landmark WorkCover verdict in the Latrobe Valley Civil Circuit, awarding substantial compensation to Mr. Smits after finding in his favor.

Lawyers representing the Victorian WorkCover Authority initially supported the private operator of the jail, The GEO Group, arguing that Mr. Smits had acted recklessly by stepping in without proper procedures. However, this defense fell apart when the company failed to provide any documentation showing that maintenance staff had ever received training on how to respond to an escape.

Key Findings and Legal Implications

The absence of proper training was a critical factor in the jury's decision, leading them to reject the workplace watchdog's arguments. While Mr. Smits was successful in his claim, the jury found a small degree of contributory negligence on his part.

Although 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 overseeing her first-ever jury trial.

Ms. Snipe emphasized the serious failures by authorities, stating, "Our client suffered a catastrophic spinal injury while responding to an emergency situation at his workplace." She added that the jury carefully considered the evidence and ultimately rejected the suggestion that Mr. Smits was acting outside his responsibilities without proper guidance.

Impact on Employers and Employees

Ms. Snipe also highlighted the importance of clear training and procedures for 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 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.

Broader Concerns About Prison Safety

The case has drawn attention to the dangers faced by prison support staff and the need for adequate training in high-risk environments like Fulham Prison. The privately operated facility 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 after. In 2022, the Victorian Ombudsman found that a prison supervisor used unreasonable force against a remand prisoner, failed to report the incident, and restricted the prisoner’s access to medical help.

Ongoing Issues and Public Concern

Fulham 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 due to privacy grounds. Daily Mail contacted GEO for comment but did not receive a response in time for publication.

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