In this episode of P.I. Case Note, accident legal partner and expert personal injury lawyer Michelle Wright examines the Queensland Supreme Court’s decision in Thomas v State of Queensland [2025] QSC 242, which demonstrates the catastrophic consequences of pursuing a workplace injury claim without evidence through proper investigation during the pre-litigation stage. The case involved Miss Thomas, a registered nurse who injured her left hand, wrist, elbow, and shoulder while loosening an adjustment knob on a Mayo stand at Royal Brisbane and Women’s Hospital in June 2020, but whose claim collapsed when she sought an inspection of the hospital premises years after the incident—revealing she had never identified which specific Mayo stand caused her injury.
The Court’s scathing analysis reveals how a workplace injury claim without evidence becomes an impermissible “fishing expedition” when basic investigation is deferred until after pleadings close. Despite the matter having proceeded through pre-litigation, pleadings, non-party disclosure, and mediation by October 2024, Miss Thomas sought an inspection in March 2025 to view various types of Mayo stands and identify which one she had used. The Court found her pleadings “vague and broad,” asserting unidentified problems with maintenance, unspecified defects in fitness for purpose, and over-tightening of the knob—all without identifying the actual stand involved. The Court considered it “incredible and surprising” that Miss Thomas had not previously identified the type of stand, let alone the unsafe aspects or maintenance lapses at the core of her case. The application was rejected under Rule 250 of the UCPR because the inspection was not “necessary for deciding an issue in the proceeding” but rather an attempt to belatedly gather the foundational evidence that should have been obtained years earlier. The Court noted that with over 26 different types of Mayo stands in use at the hospital, the inspection would cause significant disruption to an active emergency facility without any certainty of identifying the relevant equipment.
Listen for Michelle Wright’s comprehensive analysis of this decision and the critical importance of early case investigation. If you’ve suffered a workplace injury, don’t risk pursuing a workplace injury claim without evidence by delaying proper investigation. The experienced team at accident legal understands that comprehensive case planning must begin immediately—identifying equipment, documenting conditions, obtaining photographs, and securing witness statements before evidence disappears. As Queensland’s trusted personal injury lawyers, we develop strategic investigation plans from day one to ensure your claim is built on facts and evidence, not speculation and assertions. Contact us for a free consultation on (07) 3740 0200. We’ll conduct the thorough investigation needed to prove your workplace injury claim before it’s too late.
