Construction Accident Documentation Checklist — What to Save

Start documenting immediately — ideally before you leave the site, and within 24 hours at the latest. Every day that passes, evidence changes or disappears. Scaffolds get modified. Ladders get taken off-site. Witnesses forget or get coached. The checklist below covers what matters most.

Photos to Take at the Scene

If you can physically do it safely — photograph before anything moves.

• ✓The exact location where you fell or were injured — wide shot and close-up
• ✓The equipment involved: ladder, scaffold, hoist, saw, power tool — get the brand, model number if visible
• ✓The ladder position — angle, base placement, whether it was secured at the top
• ✓Missing or broken guardrails, safety nets, or fall protection
• ✓Wet, oily, or cluttered floor conditions
• ✓Any warning signs (or the absence of them where they should be)
• ✓The fall height — show a reference object if possible
• ✓Your injuries before treatment if you're able to photograph them
• ✓The general site conditions — other workers, machinery, overall state of organization
• ✓Any OSHA violation notices posted on-site

Witnesses — Get This Before You Leave

Witnesses scatter fast. Other workers may be from out of state, hired through subcontractors, or reassigned to other sites by the next morning.

• ✓Full name and cell phone number of anyone who saw the accident
• ✓Trade and employer of each witness (they may work for a different sub than you)
• ✓Names of foremen, superintendents, or safety officers on-site that day
• ✓Name and contact for anyone who helped you after the accident
• ✓Names of workers who complained about the same unsafe condition before you were hurt

Documents to Request

From Your Employer

• ✓Accident / incident report — you have the right to a copy
• ✓OSHA 300 Log — your employer is required to maintain this and you can request it
• ✓Your employment records, pay stubs, and time records for lost wage calculations
• ✓Any safety training records they claim you received
• ✓Site safety plan for the project

Medical Records

• ✓Emergency room records from the day of the accident — request immediately
• ✓All imaging: X-rays, CT scans, MRIs — and the radiology reads
• ✓Surgeon notes and surgical reports if you have surgery
• ✓Physical therapy records showing your treatment and progress
• ✓All medical bills — these establish economic damages
• ✓Future treatment recommendations in writing from your doctors

The OSHA 300 Log — What It Is and Why It Matters

Under 29 CFR 1904, employers with more than 10 employees must maintain an OSHA 300 log — a record of all work-related injuries and illnesses. This log shows whether your employer had a pattern of similar accidents before yours. It's powerful evidence that the dangerous condition was known and not corrected. Request it in writing. If your employer refuses, an attorney can subpoena it.

Digital Evidence — Preserve It Now

• ✓Screenshot any text messages about the unsafe condition before your accident
• ✓Save emails where you or others reported safety problems
• ✓Screenshot any group chat messages about the site or accident
• ✓Download your GPS location data from your phone for the date/time if available
• ✓Preserve any social media posts by coworkers about the accident (screenshot them — posts get deleted)
• ✓Save any video footage from your phone if you recorded site conditions earlier

What Employers and Contractors May Destroy

This is the uncomfortable reality: evidence can disappear. Sometimes it's accidental. Sometimes it's not.

• Defective ladders or scaffolds removed from the site and replaced immediately after the accident
• Security camera footage overwritten (most systems loop within 30–72 hours)
• Incident reports "amended" to minimize what happened
• Witness statements taken by the employer that never surface during litigation
• Safety inspection logs that show the condition was flagged but not fixed

Your attorney can send a "litigation hold" or spoliation letter to the owner, GC, and subcontractors immediately after you retain them. This letter creates a legal obligation to preserve all evidence related to the accident. If they destroy evidence after receiving that letter, courts can instruct the jury to draw an adverse inference — essentially telling jurors they can assume the destroyed evidence was bad for the defendant.

Frequently Asked Questions