Free checklist
Construction Site Injury Claim: Supporting Documents Checklist
A third-party construction injury claim runs on two tracks at once: the damages record and the liability record. Both need building, and the workers' compensation file sits across them.
16 items across 4 categories. This is a general guide for a typical claim of this type, not an exhaustive or jurisdiction-specific list. Confirm exact evidentiary requirements with counsel before submission.
Why the record matters
The comp carrier's subrogation lien is routinely underestimated and it comes straight off a third-party recovery. Getting the lien statement early changes what a settlement is actually worth to the client.
The checklist
Medical Evidence
- Complete medical records for all treating providers
- Itemized medical bills and lien statements
- Life care plan or future treatment projection
- Independent medical examination report, if any
Wage & Earnings
- Pay stubs and W-2s for the pre-injury period
- Employer wage verification letter
- Vocational expert or earning capacity report
- Tax returns supporting historical earnings
Liability & Site
- OSHA citations and inspection file
- Incident and site investigation reports
- Contracts establishing the third party's duty on site
- Witness statements and scene photographs
- Equipment maintenance and inspection records
Workers' Compensation Interface
- Workers' comp claim file and benefits paid to date
- Comp carrier's subrogation lien statement
- Any third-party notice required by the comp statute
Tick these off as you go
The ClaimDuke calculator carries this same checklist. Tick what you already have and add your own items, and they carry through to the Excel workbook, the Word document and the PDF report you export — so what you hand over shows exactly which records are in the file and which are still outstanding.
Build the calculation and the checklist together
Free to calculate, with a free one-page summary. Paid reports add your branding, a live-formula Excel workbook and the cited methodology behind every line.
Check your state's rules
Evidentiary expectations and the underlying entitlement both vary by jurisdiction. ClaimDuke carries a cited reference for all 50 states covering statutory interest, actual cash value and labor depreciation, delay-claim limits and injury liability.