Compensation for Forklift Accidents on Construction Sites in Illinois

Representing Victims of Forklift Accident Injuries in Construction

Many businesses and construction companies in Chicago rely on forklifts to move heavy materials. These vehicles, also known as powered industrial trucks, can only be operated by individuals who have obtained certification in accordance with OSHA standards. Unfortunately, forklift accidents on construction sites can result in serious injuries to workers and pedestrians.

Chicago Injury Center can help you recover compensation after getting hurt in a forklift-related accident. Whether you are seeking a workers’ compensation claim or a personal injury lawsuit, our firm will guide you through the legal process to improve your chances of winning.

Settlements & Verdicts Recovered by Our Chicago Law Firm

A forklift accident can cause significant legal damages that impact your physical, emotional, and financial well-being. You need a law firm that has experience holding construction companies accountable for negligence. Here are some past cases we have settled for forklift injuries:

• $11 million – The family of Jamal, a 33-year-old temp worker at a Cicero-area distribution center, secured a wrongful death settlement after a reversing forklift fatally crushed him. The driver was untrained, and there was no spotter or audible alarm in place. The case value was driven by clear OSHA violations and the family’s wrongful death and survival claims.
• $4.4 million – DeShawn, a licensed forklift operator at a Melrose Park warehouse, was severely injured when his lift tipped over due to an uneven loading dock surface. He suffered pelvic fractures and leg crush injuries, requiring months of rehab. Investigators found that the employer had failed to repair long-standing hazards, which contributed to the increased settlement.
• $1.25 million – Joan was walking through the parking lot of a Home Depot in Oak Lawn when a store employee reversed a forklift into her. She suffered a fractured femur and torn ligaments in her knee. Surveillance footage and internal training records helped establish liability and boost the case’s value.
• $990,000 – Luis, a laborer on a West Loop mixed-use development, was struck by a forklift driven by an unlicensed subcontractor. He sustained shoulder and back injuries, keeping him off the job for over a year. Testimony revealing a pattern of unlicensed operation played a major role in securing the settlement.
• $750,000 – Dennis, a truck driver delivering goods to a warehouse in Joliet, was injured when the loading crew improperly secured a pallet, causing it to topple during unloading. He sustained a back injury requiring surgery. The claim focused on the warehouse’s loading procedures and the inadequate training of its staff.
• $575,000 – Ramon, a food delivery driver, was at a warehouse on the Southwest Side when a forklift operator accidentally pinned him with the forks during a pallet transfer. He suffered rib fractures and deep bruising. The recovery reflected a combination of medical bills, lost time, and poor adherence to safety protocols.

Why Choose Chicago Injury Center

A top-rated law firm can make all the difference in the outcome of your claim. At Chicago Injury Center, our attorneys are considered among the top 5% of lawyers by Super Lawyers. We also maintain an A+ grade from the Better Business Bureau.

Our firm has experience handling complex cases, including those involving forklift safety violations and corporate defendants. We have helped many construction workers secure fair compensation after suffering major injuries in the course of their work.

Types of Cases We Handle

We have handled numerous cases involving injured workers and pedestrians in forklift incidents. Here are some common types of forklift accidents on construction sites:

• Struck-by forklift on a crowded project site
• Tip-over while operating a forklift on uneven ground
• Dropped load that hurts construction workers or subcontractors
• Forklift collisions with scaffolding or other equipment
• Pedestrian struck while walking through a shared access route

What Are Common Causes of Forklift Accidents in Construction?

When accidents happen, determining the cause is essential for the injured party’s claim. Here are some common causes of forklift accidents in Chicago:

• Inadequate training or certification
• Operating on unstable terrain or ramps
• Poor communication between contractors
• Lack of spotters in a confined area
• Lack of warning signs to protect pedestrians
• Mechanical failure due to poor maintenance
• Congested work zones with no barriers or pedestrian lanes

What Are the Most Common Forklift Injuries Sustained in Construction Sites?

Here are some common injuries caused by forklift collisions and accidents:

• Crush injuries (legs, pelvis, arms)
• Broken bones
• Fractured wrist or elbow
• Amputations from forklift rollovers or caught-between accidents
• Spinal cord injuries
• Traumatic brain injuries
• Head injuries
• Internal injuries (bleeding, organ damage, soft tissue damage)

What Damages Can Injured Construction Workers Recover?

There are two primary legal options if you are an injured worker in a forklift accident: workers’ compensation claims and third-party injury lawsuits.

For workers’ comp, you can claim benefits such as lost wages, medical bills, rehabilitation costs, employment retraining expenses, and lost earning capacity.

In a third-party claim, you can seek compensation for even more losses, such as emotional distress, pain and suffering, disability, disfigurement, and loss of enjoyment of life.

What Is the Average Forklift Injury Payout for a Construction Site Accident in Illinois?

In Illinois, the average payout for a forklift accident is $2.8 million, while the median settlement is $2 million. Factors that affect the size of your payout will include the injury type, liability evidence, surgical costs, and legal damages.

Example Cases Filed in Cook County

In 2007, Ronald, a carpenter, was working on a rehabilitation project when the forklift he was operating fell over. He was forced to jump out and fell, injuring his leg. Ronald sued the contractor and another party for overloading the forklift and failing to secure the cargo properly. Although the defense argued that he was not operating the vehicle properly, a settlement of $2.05 million was reached.

Gary, a lithographer, was working for American Litho in Chicago in 2009 when a forklift operator backed into him and crushed his left leg. The operator was working for another contractor on the job site. Gary sued the contractor for negligence by the operator and poor supervision. There was a significant dispute over whether the case would be resolved as a workers’ compensation claim or a third-party injury lawsuit. Eventually, the parties settled for $2 million.

Why You Need a Construction Site Forklift Accident Attorney

Injured workers in forklift accidents can face numerous challenges when pursuing compensation, including:

• A case with multiple liable parties, such as GCs, subcontractors, and manufacturers
• Coordinating workers’ comp and third-party claims for a Fulton Market accident
• Proving OSHA violations or negligent maintenance in the South Loop
• Securing expert reports on forklift mechanics and job site safety violations

If your claim cannot be settled, it could end up in the Cook County Circuit Court. Navigating these obstacles alone is more likely to end with a diminished settlement. With Chicago Injury Center, you’ll stand a better chance of earning what you deserve.

How Common Are Forklift Accidents in Construction Sites?

In Illinois, there were approximately 145 workplace injuries involving forklifts in 2023. Nationally, about 35,000 forklift workplace injuries are reported each year, with 75 to 100 fatalities resulting from these accidents.

Where Do Construction Forklift Accidents Happen Most Often in Chicago?

Although construction project site forklift incidents can happen anywhere, some locations are more prone to risk than others:

• Downtown high-rise job sites, such as the Loop and Streeterville
• Infrastructure projects like I-90 and the Red Line expansion
• Warehouse deliveries to construction zones
• Union jobs with limited pedestrian routing

What Laws Govern Forklift-Related Accident Claims in Illinois?

Many laws may impact your claim after the accident occurred. The Workers’ Compensation Act (820 ILCS 305) enables employees who have been injured on the job to receive benefits through insurance. Under state law 740 ILCS 130/, property owners must demonstrate reasonable care to prevent hazards on the premises. For a personal injury claim, the injured party has two years to pursue compensation under 735 ILCS 5/13-202. However, workers have three years from the date of the injury or two years from the last payment of benefits under 820 ILCS 305/6(d).

State law 740 ILCS 100/ allows for allocation of fault to be distributed among multiple parties. If the victim of the accident dies, surviving family members can seek justice via the Wrongful Death Act (740 ILCS 180/). Finally, violations of Occupational Safety and Health Administration code 1910-178 would help establish liability for poor forklift operation.

Who Can Be Held Liable for Construction Forklift Accidents in Illinois?

Several parties may be held accountable for your lost income, medical expenses, and pain and suffering after a forklift injury:

• Employers
• Project leaders
• Other workers
• Pedestrians
• Site managers
• General contractors
• Equipment manufacturers
• Subcontractors
• Property owners
• Government agencies

Common Defenses in Construction Site Forklift Accident Lawsuits

The at-fault party in your claim may hire lawyers to help them build a strong defense. Here are some common defenses their attorneys may use to minimize payouts:

• The worker was partially at fault (comparative negligence)
• The forklift operator was not properly authorized
• The fork was altered or misused
• Safety measures were in place

Our law firm can counter these arguments with additional evidence. Surveillance footage, expert testimony, incident reports, witness statements, and OSHA findings can help refute these defenses to strengthen your claim.

How to Strengthen Your Construction Site Forklift Accident Case

Building a strong claim starts the moment the accident occurs. If you take one false step, it could undermine your ability to secure a fair settlement. Here are the steps you should follow immediately after you get hurt by a forklift:

• Report the incident to the employer
• Take photos of the accident scene and equipment
• Seek medical attention immediately and schedule a follow-up
• Retain all medical records and physical proof from the incident, such as shoes, clothing, and PPE
• Avoid posting about the accident on social media
• Consult an expert legal team that specializes in injuries during construction projects

How Our Chicago Construction Forklift Accident Lawyers Can Help

As the best injury firm in Chicago, we are confident in our ability to secure fair compensation on your behalf. Our team has recovered millions of dollars for our clients, achieving a 98% success rate in winning cases.

Here are some legal services we can provide to guide you through the claims process:

• Filing and appealing workers’ comp claims
• Pursuing third-party lawsuits
• Retaining site safety and forklift experts to identify manufacturing defects
• Speaking to witnesses to strengthen your claim
• Obtaining maintenance logs to prove improper maintenance
• Negotiating full-value settlements
• Gathering sufficient evidence to support your claim
• Navigating civil court procedures in Cook County if necessary

FAQs

How much does a forklift accident attorney cost in Chicago?

There are no upfront costs associated with using Chicago Injury Center’s legal services. We work on a contingency fee basis, which means you owe nothing unless we win the case. Even then, payment is deducted from the total settlement amount rather than your wallet.

Who can file a construction forklift lawsuit?

Any adult who has been injured and suffered damages can file a construction forklift lawsuit. Whether you are the operator, a coworker, or a customer passing by, you could recover damages like lost wages, medical costs, and emotional distress via a third-party injury lawsuit. For underage victims, a personal representative can file the claim on their behalf.

Can I file a third-party claim while receiving workers’ compensation benefits?

Yes, you can file a third-party claim in addition to workers’ compensation benefits. However, you will need sufficient evidence to prove that your injuries were caused by negligence or that your damages exceed the amount of benefits you are receiving through the insurance company. Our attorneys can guide you through the process of handling multiple claims for severe injuries.

Do construction forklift accident claims usually settle or go to trial?

Most personal injury claims settle outside of court. However, a complex case where liability is in question could end up in civil court, in which case our legal team can represent you. Whether your claim can be settled early or must be litigated, Chicago Injury Center will stand by your side and protect your legal rights.

Book a Free Consultation

Injured workers may face an uphill battle to secure fair compensation after suffering injuries from a forklift. Even if you succeed in receiving benefits through the employer’s insurance company, you may not be getting what you are owed.

Chicago Injury Center knows what it takes to fight for maximum compensation, whether a reckless forklift driver, faulty equipment, falling materials, or excessive speed caused your injuries. Our team will look at all the evidence and consult with experts to determine the cause of your accident, which will play an important role in the outcome of your claim.

Construction projects in Chicago can be dangerous, and if you get hurt, it can turn your life upside down. Our firm offers a contingency fee agreement so there are no upfront legal fees to worry about. We will also provide a free consultation, allowing you to ask questions about your legal options.

Contact us today to schedule your free case evaluation.