Chicago Forklift Accident Lawyer

Fighting for Maximum Compensation After Serious Forklift Injuries

Whether you suffered serious injuries as a forklift operator or were an innocent bystander, a Chicago forklift accident lawyer can help you secure maximum compensation for these construction site accidents. Chicago Injury Center serves clients throughout Chicago and Illinois, holding liable parties accountable and ensuring you have the best possible chance at financial recovery. Contact us today for a free consultation about your legal rights.

Forklift Accident Settlements Recovered by Our Chicago Law Firm

$11,000,000: Tommy, a temporary worker in a Diversey Avenue warehouse, suffered fatal injuries after a forklift accident. We resolved this settlement during mediation despite the company’s insistence that Tommy had violated safety rules.

$4,400,000: Paul suffered crush injuries to his legs and pelvis due to a forklift tipping over onto him in an Amazon distribution center. With our legal assistance, he was able to recover damages for his medical care and vocational rehabilitation.

$750,000: Al, a truck driver, was pinned by a forklift operator who was unloading pallets at a Bolingbrook electronics warehouse, suffering severe internal injuries. We secured a workers’ compensation claim that covered his medical bills and lost wages.

Why Choose Chicago Injury Center

Our Chicago forklift accident attorneys have recovered over $450 million in damages for 5,000 clients nationwide, earning us a spot in the Million Dollar Advocates Forum. We are members of the American Association for Justice with a perfect 10/10 AVVO rating and the prestigious Super Lawyers designation. With us by your side, you can receive fair compensation for forklift injuries.

Types of Forklift Accident Cases We Handle

A forklift accident lawyer from our firm can assist you with a variety of forklift accident cases, including:

• Tip-over accidents
• Struck-by accidents
• Defective equipment
• Falling load injuries
• Pedestrian collisions
• Loading dock accidents
• Operator error accidents

What Are the Most Common Causes of Forklift Accidents in Chicago?

Most forklift incidents are preventable with proper training and following the safety standards set out by the Occupational Safety and Health Administration (OSHA), as outlined in 1910.178.

Most forklift accidents occur due to:

• Lack of properly trained forklift operators
• Poor maintenance
• Forklift operation in areas with heavy pedestrian traffic
• Inadequate securing of elevated loads
• Unsafe warehouse layouts
• Operating forklifts on unstable or uneven terrain
• Overloading the machine

What Serious Injuries Are Common in Forklift Accidents?

Forklifts are heavy machinery that require significant training and care to operate safely. According to the National Safety Council, 67 workers died due to forklift incidents in 2023, and forklifts were responsible for 24,960 DART cases (days away from work, work restrictions, or transfers). The most common forklift injuries include:

• Traumatic brain injuries
• Spinal cord injuries
• Broken bones
• Amputations
• Internal injuries
• Fatal injuries

What Damages Can Forklift Accident Victims Recover in Chicago?

Injured workers may be eligible for workers’ compensation benefits if they are directly employed by the company (820 ILCS 305/). This form of insurance will cover medical expenses and a portion of lost income up to the statutory cap. If you are unable to return to your previous employment due to serious injuries, you may also be eligible for vocational training.

If someone other than the company was primarily liable for the accident, you can pursue compensation through a personal injury lawsuit. A third-party lawsuit can provide more damages than workers’ comp, including non-economic damages. Compensation you could receive from a personal injury claim includes:

• Medical costs
• Lost wages
• Loss of earning capacity
• Pain and suffering
• Emotional distress
• Loss of normal life

What Is the Average Forklift Accident Settlement in Chicago?

The average payout for forklift accidents is $2,806,232, with a range between $120,000 and $13,045,776. Your payout will depend on factors like injury severity and permanency, liability, and the type of injury claim you make.

Example Forklift Accident Cases in Chicago

Timothy McDonald was standing on the loading dock of Imperial Zinc Corp. when a forklift operator ran over his legs. This resulted in ankle fractures, partial degloving, and damage to his tendons. He required multiple surgeries and was no longer able to work. The operator, company, and McDonald settled for
$3,600,000.00.

Ronald McCoy, a carpenter, was helping with renovation at the Illinois Institute of Technology on 35th Street and Federal when the forklift tipped over, forcing him to jump. The 9-foot fall caused him to break his left fibula and tibia, which then developed a bone infection. He settled with the construction company for $2,050,000.00.

Why You Need a Forklift Accident Lawyer

A Chicago forklift accident lawyer is crucial for these complicated cases. The most common forklift injuries often result in very high medical bills, lost wages, and other expenses that insurance companies will attempt to undervalue.

Additionally, many victims choose to recover compensation from both a workers’ comp claim and a personal injury lawsuit, which requires careful coordination. We must determine the right legal options, review the liability of forklift companies and operators, and investigate which Occupational Safety and Health Administration standards apply to the specific case.

Our attorneys have helped thousands of injured construction workers and others secure compensation through the Circuit Court of Cook County, and we are well-versed in all applicable OSHA standards. With us by your side, you have a stronger chance of a successful settlement.

How Common Are Forklift Accidents in Chicago?

Since 2020, the OSHA Chicago region has reported 147 forklift accidents. Of these, 48 accidents were fatal, outlining the serious danger that workers are in when using these tools.

Where Do Forklift Accidents Occur Most Often in Chicago?

Forklifts are ubiquitous on construction sites and in warehouses, making them highly dangerous. Common locations where our Chicago forklift accident lawyers see cases include:

• Amazon distribution centers on Woodlawn Avenue and Ashland Avenue.
• Construction projects in the Gold Coast and River North neighborhoods.
• Manufacturing facilities in the South Side industrial corridor.
• Distribution hubs along Western Avenue and North Avenue.

What Laws Govern Forklift Accident Claims in Chicago?

Forklift accident victims injured at work may be eligible for a workers’ compensation claim (820 ILCS 305). This no-fault system will cover medical costs, rehabilitation, and lost earning capacity while the worker recovers.

However, proving liability is helpful for both workers’ compensation and personal injury claims. This can be done by proving that the operator was not properly trained or did not adhere to OSHA regulations surrounding powered industrial equipment (29 CFR 1910.178).

In addition to workers’ comp, you may be eligible for a third-party liability claim if someone other than the employer was responsible for the forklift accident. This could fall under the Premises Liability Act, which requires property owners to provide a safe working environment (740 ILCS 130/). It’s possible to hold more than one party accountable for an accident under the Joint Tortfeasor Contribution Act (740 ILCS 100/).

For fatal accidents, the next of kin can recover compensation for medical costs prior to death, funeral and burial expenses, and loss of companionship (740 ILCS 180/).

How Long Do I Have to File a Forklift Accident Lawsuit in Chicago?

For workers’ compensation, you have three years from the date that the accident happened or two years after the last payment of benefits from the company, whichever is later (820 ILCS 305/6(d)). Personal injury has a statute of limitations of two years (735 ILCS 5/13-202). Contact our experienced forklift accident attorneys immediately to ensure we have time to investigate and litigate your case.

Who Is Liable for Forklift Accidents in Chicago?

Our attorneys will review the accident to determine who is responsible and secure fair compensation from all negligent organizations. Potentially liable parties can include:

• Forklift drivers
• Construction companies
• Construction site supervisors
• Forklift manufacturers
• Property owners
• Third-party contractors
• Maintenance companies

Common Defenses in Forklift Accident Claims in Chicago

Insurance companies do not want to pay their fair share, as this cuts into their bottom line. As such, they will use a variety of common defenses to avoid paying claims. We will counter these defenses using strong evidence. These are some of the most common that our attorneys see.

Comparative Negligence: In Illinois, you cannot sue if you are more than 50% responsible for the accident (735 ILCS 5/2-1116). We will use accident reports, OSHA investigations, and witness testimony to prove that you were not primarily liable.

Assumption of Risk: The insurer will argue that by entering a construction zone, you were agreeing to potential injury or danger. However, prior OSHA violations, as well as expert testimony, can demonstrate that the risk was unacceptably high due to negligence.

Unforeseeable Misuse of Equipment: Insurers will review the case and argue that the malfunction or misuse could not have been predicted. We will utilize employment records, training documentation, and safety assessments to show that the risk was foreseeable due to negligent training or supervision.

Independent Contractor: Independent contractors are not eligible for workers’ comp, which could be used to deny your claim. However, employment contracts and job duty records can prove you were a hired employee.

Open and Obvious Hazard: Companies are typically not responsible for open and obvious hazards. However, the Illinois Supreme Court Case Deibert v. Bauer Bros. Const. Co., Inc demonstrated that they can be liable if they could reasonably foresee that a worker would be distracted, such as by checking above them for falling objects.

How to Strengthen Your Forklift Accident Case in Chicago

Prompt action is crucial to recovering damages for these claims. Follow these steps as soon as possible.

• Seek immediate medical attention and ensure your records note that this was a workplace injury.
• Preserve evidence, such as medical reports, photos of the accident scene, and witness statements.
• Report the accident to your supervisor and request a copy of the incident report.
• Keep track of your expenses so they can be included in a claim.
• Do not speak to insurers without your attorney present.

How Our Forklift Accident Attorneys Can Help

Our forklift accident attorneys will guide you through the entire claims process, including:

• Investigating the incident and any previous OSHA violations.
• Consulting with occupational safety experts to understand how the accident occurred.
• Filing both third-party and workers’ comp claims.
• Negotiating with insurers for the highest possible compensation.
• If necessary, filing a lawsuit and representing you in court.

FAQs

Can I file both a workers’ compensation claim and a third-party liability claim?

You may be eligible for both a workers’ compensation claim and a personal injury claim if someone other than your employer was primarily liable for the accident.

Is operator error covered by workers’ compensation in Illinois?

Workers’ compensation is a no-fault system, meaning that it does not matter if the accident happened due to negligence.

Who can file a wrongful death claim following a forklift accident?

The next of kin can file a wrongful death claim (740 ILCS 180/). This could be the surviving spouse, parent, child, or other relative. Our forklift accident attorneys will help the personal representative file a claim.

What if I was partially at fault for my forklift accident?

For workers’ compensation benefits, liability is not a factor. However, a personal injury lawsuit uses modified comparative negligence (735 ILCS 5/2-1116). This means you can sue if you are less than 50% responsible, but you will receive less compensation the more liable you are.

How much does a forklift accident attorney cost in Chicago?

A Chicago forklift accident lawyer from our team works on a contingency fee basis: no fees unless we win.

Let Our Experienced Attorneys Help You Recover Financial Compensation

Our skilled attorneys represent workers in Chicago and throughout Illinois, always on a contingency fee basis: you owe us nothing unless we win. We have a 98% success rate, representing our fierce commitment to the highest possible compensation for those who suffered serious injuries due to someone else’s negligence. Contact our forklift accident attorneys today for a free consultation about your legal options.