Start with the issue actually in dispute
Subcontractor caused injury is mainly a problem of workers’ comp plus possible third-party liability. Build the file around the written notice, dated record, or event that created the problem.
Documents to gather
Incident report, employer/subcontractor identities, contracts if available, witness information, medical records, and insurer notices.
Questions to answer before acting
- What changed, on what date, and who made the decision?
- Is there a written notice or only a phone conversation?
- Which medical, wage, employment, or incident record directly addresses the dispute?
- What state or federal agency procedure controls the next step?
- Is there a separate employment, third-party, leave, or discrimination issue that should not be mixed into the workers’ compensation question?
Important caution
Preserve the workers’ compensation claim while separately identifying a potentially responsible non-employer.