Getting a Recovery for a Construction Accident; Client’s Case Settles for $200,000

We settled a client’s construction accident case for $200,000.

The client was working for the general contractor building new private homes in Far Rockaway (Queens), New York.  His supervisor told him to dig a trench near an excavator machine, such as the one pictured above.  The excavation machine operator did not see the client, and the machine’s arm struck the client in the back.

As a result, the client sustained an entrapment of the ulnar nerve in his elbow which required surgery to release the nerve.  

We claimed that the landowner was liable under Labor Law section 241 (6) in failing to provide a safe place to work and in violating the Industrial Code.  The Industrial Code prohibits an excavation machine from operating near other workers unless they are members of the pit crew.  In our case there was a question as to whether the client would be deemed a member of the pit crew.  If it were ruled that he were a member of the crew, then the case would be dismissed.  

We settled this case with the landowner and the owner/operator of the excavation machine.  It  was settled at a private mediation before Mediator Michael McAllister of JAMS.

If you or a family member has been injured in a construction accident, please feel free to call me for a free consultation at 800-581-1434 or write to

Prior case results do not guarantee a similar outcome.

Mark E. Seitelman, 9/30/10,


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