A former maintenance worker at Fulham Prison has secured a major WorkCover victory after suffering severe spinal injuries while responding to an attempted prison escape at the Gippsland facility.

Glen Smits was seriously injured after confronting an inmate who was allegedly trying to flee the prison. The incident left him with significant lumbar spine damage, resulting in multiple surgeries and ongoing chronic nerve pain managed through a spinal cord stimulator.

During the case, lawyers representing the Victorian WorkCover Authority and prison operator The GEO Group argued Mr Smits had acted beyond the scope of his duties by intervening in the escape attempt. The defence claimed he should not have physically engaged with the prisoner.

However, the matter turned on evidence surrounding workplace training and emergency procedures. The court heard there was no documentation demonstrating that maintenance staff had received proper instruction or guidance on how to respond during an attempted escape or other emergency situation inside the prison.

A Gippsland jury ultimately found in favour of Mr Smits in the Latrobe Valley Civil Circuit, although it determined he bore a minor degree of contributory negligence. The compensation outcome remains confidential, but the overall WorkCover liability and associated legal costs are believed to exceed $1 million.

The case was conducted by the Traralgon office of Arnold Thomas & Becker, led by lawyer Marita Snipe, with Bethany Hourigan appearing in her first jury trial.

Following the verdict, Ms Snipe said the case highlighted the importance of ensuring workers are properly trained and supported in high-risk environments. She said employees should not be placed in dangerous situations without clear procedures or direction from their employer.

Ms Hourigan said the result was particularly significant given the matter had been strongly contested, adding the jury recognised the lasting impact the injuries had on Mr Smits’ life.

The case has renewed scrutiny on safety standards and emergency response procedures for non-custodial staff working within correctional facilities. Fulham Prison has faced a number of controversies over the past decade, including riots, inmate escapes, allegations of excessive force and several incidents that prompted public concern and official investigations.

Get in touch

Testimonials

“I had been to two other law firms for assistance with my Workcover Claim prior to coming to see Arnold Thomas and Becker. When I first came to see Arnold Thomas and Becker I was thinking about giving up with my claim as it was all getting too hard and I felt that I was not getting anywhere. However the support that Arnold Thomas and Becker provided to me from the very first meeting gave me the confidence to continue with my claim.

Nothing was ever too much trouble for the staff at Arnold Thomas and Becker.

I cannot say thankyou enough to Arnold Thomas and Becker and would recommend them to anyone who needs assistance with a Workcover Claim.

S. Tindall”

S.Tindall