How a Boss Blamed a Hero Prison Worker Who Injured Himself Stopping an Escapee: Wins Huge Compensation

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

A prison maintenance officer who suffered a life-altering injury while trying to stop an inmate from escaping has won a major legal victory against his employer. The case highlights critical issues regarding workplace safety, training, and the responsibilities of employers in high-risk environments.

Glen Smits, a dedicated worker at Fulham Prison in Victoria's Gippsland region, was injured after he was ordered to tackle a prisoner 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 chronic nerve pain. Despite the severity of his injuries, the court ruled in his favor, awarding substantial compensation through the WorkCover system.

The case was taken to the Latrobe Valley Civil Circuit, where a jury delivered a significant verdict. While the settlement remains confidential, it is reported that the total cost, including legal expenses, will exceed $1 million. This outcome underscores the importance of proper training for staff working in high-risk environments like prisons.

Employer’s Defense Fails Due to Lack of Training

Lawyers representing the Victorian WorkCover Authority initially argued that Mr. Smits had acted recklessly by stepping in to stop the escaping prisoner without following proper procedures. However, this defense fell apart when the employer failed to provide any documentation showing that maintenance staff had ever received training or guidance on how to respond to an escape situation.

The lack of training was a key factor in the jury’s decision, as they rejected the argument that Mr. Smits had acted outside his duties. Instead, they found that the employer had not provided the necessary support and instructions for employees to handle such emergencies safely.

While the jury acknowledged that Mr. Smits shared a small degree of responsibility for the incident, the overall ruling emphasized the critical need for clear procedures and adequate training in workplaces where employees may be exposed to serious risks.

Impact on Workplace Safety and Employer Accountability

The case has sparked discussions about the dangers faced by prison support staff and the necessity of proper training in high-risk environments. It also serves as a reminder to employers that failing to provide essential guidance can lead to costly legal consequences.

Marita Snipe, a lawyer involved in the case, highlighted the significance of the ruling. She stated that the outcome sends a strong message to employers about the importance of ensuring that workers are not left without direction when facing serious risks. "Clear training and procedures are essential," she said.

Bethany Hourigan, who led the case in her first-ever jury trial, described the result as meaningful for Mr. Smits. She noted that the jury recognized the long-term impact of the injuries on his life and the challenges he has faced throughout the legal process.

A History of Incidents at Fulham Prison

Fulham Prison, which is operated by The GEO Group, has been the site of several troubling incidents over the years. In 2012, a riot broke out among prisoners over changes to their daily routines, including the removal of pay TV and stricter dress codes. In 2016, two prisoners managed to escape but were recaptured shortly after.

More recently, in 2022, the Victorian Ombudsman investigated an incident where a prison supervisor used unreasonable force against a remand prisoner. The case raised concerns about the treatment of inmates and the accountability of staff.

The prison has also experienced cases of prisoner-on-prisoner violence, staff injuries from brawls, and several deaths in custody. These events have prompted coronial inquiries and public scrutiny, further emphasizing the need for improved safety measures and better training for all personnel.