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Chicago Forklift Accident Lawyer

Financial Compensation for Forklift Injuries in Chicago

A Chicago forklift accident lawyer from our team can ensure that you receive fair compensation for medical bills, lost wages, and other needs after workplace injuries. Whether you’re pursuing a workers’ compensation claim or a personal injury lawsuit, our top-rated Chicago attorneys are here to help. Contact ustoday for a free consultation about your legal rights.

Forklift Accident Settlements Recovered by Our Chicago Law Firm

  • $11,000,000: Jason, a temporary worker, was crushed to death when a forklift operator backed into him. This settlement was realized for his family during mediation, despite the company claiming that Jason had ignored safety rules.
  • $4,400,000: Sanjit, a forklift driver, suffered crush injuries to his legs and pelvis after the lift fell over.
  • $1,250,000: This third-party liability claim arose after Jose, a customer at a home improvement store, was struck by a forklift due to operator error.

Why We Are the Best Forklift Accident Attorneys for Your Case

Our Chicago forklift accident attorneys are nationally recognized for peerless trial representation and a 98% success rate in recovering compensation. With over 5,000 successful personal injury claims resulting in over $490 million in verdicts, we are committed to ensuring forklift accident victims receive maximum compensation for their injury claim.

Workers’ Compensation Claims

Workers’ compensation benefits are a type of insurance provided by companies for injured workers. This is a no-fault system, meaning that it doesn’t matter whether you were responsible for the accident.

Personal Injury Claims

Those who suffered forklift injuries at someone else’s worksite can seek a third-party lawsuit against forklift operators, general contractors, construction site operators, and companies.

Product Liability Claims

If defective equipment or inadequate safety warnings caused a forklift accident, you can hold the forklift manufacturer accountable through a personal injury claim.

Wrongful Death Claims

Fatal forklift accidents leave grieving families with high medical expenses and emotional trauma. Our forklift accident attorneys will pursue compensation from operators, companies, and manufacturers on your behalf.

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

Forklift Operator Error

Inadequate training, inattention, or reckless driving often leads to tip-overs, collisions, and crushing incidents.

Poor Maintenance

Malfunctioning brakes, steering issues, and hydraulic failures from neglected maintenance are a frequent cause of accidents.

Obstructed Pathways

Cluttered aisles, blind spots, and narrow passageways increase the risk of forklifts striking workers or objects.

Excessive Speed

Driving too fast for the environment—especially in tight warehouse areas—reduces reaction time and increases the risk of rollovers.

Improper Loading

Unsecured or uneven loads can shift or fall, leading to tipping accidents or materials falling onto workers.

Lack of Pedestrian Safety Measures

Work zones without marked walkways, mirrors, or warning signals often result in workers being hit by forklifts.

Poor Lighting and Visibility

Dim lighting, blocked sightlines, or lack of backup alarms make it difficult for operators to detect nearby hazards.

Unsafe Surfaces

Operating on cracked floors, steep ramps, or loose gravel can cause forklifts to lose stability or traction.

Failure to Follow OSHA Regulations

Employers who skip training requirements, ignore equipment inspections, or fail to enforce safety policies increase the likelihood of serious injuries.

OSHA Guidelines 

The Occupational Safety and Health Administration provides clear standards for the proper training, maintenance, and operation of forklifts. The National Institute for Occupational Safety and Health (NIOSH) explains them as follows:

  • Only trained and certified forklift operators should work on forklifts.
  • Report any damage or issues with the forklift as soon as possible.
  • Do not raise or lower the forklift while it is in motion.
  • Always allow pedestrians the right of way, and sound the horn if entering a blind corner.
  • Do not carry loads that are heavier than the forklift’s maximum capacity.
  • Operate the forklift at a safe speed.
  • Use extreme caution when elevating workers using the forklift.

What Are the Most Common Forklift Injuries?

Forklift accidents can result in serious injuries or even death. Common forklift injuries include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Fractures and broken bones
  • Muscle sprains
  • Amputated limbs
  • Whiplash
  • Crush injuries
  • Bruises and lacerations
  • Neck and back injuries
  • Paralysis

What Damages Can Forklift Accident Victims Recover in Chicago?

Our forklift accident lawyers will negotiate for full compensation based on your injuries. If you are seeking workers’ compensation benefits, your compensation will include medical bills and lost wages, while a personal injury lawsuit may provide non-economic damages like emotional distress.

A workers’ comp claim can include:

  • Medical expenses
  • Lost wages
  • Loss of future income
  • Vocational rehabilitation
  • Out-of-pocket medical costs
  • Funeral and burial expenses for wrongful death

A personal injury lawsuit can offer additional compensation, such as:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of companionship
  • Inconvenience

What Is the Average Forklift Accident Settlement in Chicago?

The average forklift accident settlement in Chicago is $2,806,232, with a median settlement of $2,000,000. In general, a personal injury case will provide more compensation as it can include non-economic damages.

These are only general estimates, and only experienced Chicago forklift accident lawyers can give you a full evaluation of your case. Compensation is based on several factors, including available insurance, severity of your injuries, and how clear the evidence is.

Example Forklift Accident Cases in Chicago

In one case, a man who was struck and severely injured in a forklift accident secured $10,100,000, even though he was able to return to full employment.

Another man, an Army veteran who lost part of his foot to a crush injury, was awarded $15.2 million in a jury verdict.

Lastly, a forklift operator who suffered spinal cord damage as a result of an accident at O’Hare Airport received $4.8 million to cover his physical rehabilitation and loss of income.

Why You Need a Forklift Accident Lawyer

Those injured in forklift accidents may not be aware of all their legal options, such as whether they can pursue a personal injury suit in addition to claiming workers’ compensation from their employer. When filing a lawsuit, forklift accident victims may not know what fair compensation involves or what evidence they need to strengthen their case.

Our Chicago forklift accident attorneys will help you review your options, identify all liable parties, and represent you in negotiations with the relevant insurance company. This ensures you have the best possible chance of recovering compensation that covers your needs.

How Common Are Forklift Accidents in Chicago?

Per OSHA investigation summaries, a total of 22 workplace incidents were recorded in Chicago since 2020. Of these, six were fatal, reflecting a workplace fatality rate of approximately 27% for the cases shown. The incidents span a variety of serious injuries and industries, with many involving heavy machinery or high-risk environments.

A significant portion of the events—14 out of 22 cases (64%)—involved forklift-related accidents, including workers being struck, run over, or crushed by forklifts, as well as limbs caught in forklift mechanisms. These accidents often occurred in industries such as warehousing, logistics, retail, and manufacturing.

Several incidents involved crushing or blunt force trauma due to falling materials or structural elements. Notably, multiple cases involved limb amputations or severe fractures, including injuries to the foot, leg, wrist, arm, or fingers. 

The most commonly recorded injury types included fractures, crush injuries, amputations, lacerations, and, in some cases, concussions or multiple trauma injuries.

Falls from height and incidents involving falling objects were also present, including one fatal fall from elevation and multiple injuries from being struck by pallets or steel containers. Additionally, several events resulted from pinning injuries, where workers were caught between equipment or materials, especially in warehouse or factory settings.

Overall, forklift accident statistics highlight the high-risk nature of industrial and warehouse work, where powered industrial vehicles like forklifts, poorly secured loads, and fall hazards frequently lead to catastrophic or fatal outcomes.

Where Do Forklift Accidents Occur Most Often in Chicago?

  • Warehouses: In a hectic work environment like a warehouse, safe forklift operation may be challenging, resulting in tragic accidents. For example, operators at the Amazon Logistics warehouse at DLN4 in Chicago may struggle to meet quotas, resulting in crashes.
  • Construction Sites: Forklifts are ubiquitous in construction due to their convenience. Whether breaking ground on a new Andersonville condominium or repairing roads on the East-West Tollway, forklift operators could be in danger of serious rollovers.
  • Transit Centers: Major transportation hubs like O’Hare Airport and Midway Airport use forklifts to move machinery and baggage, and this can mean a higher risk of forklift accidents.

What Laws Govern Forklift Accident Claims in Chicago?

Approximately 91% of Illinois workers are covered by the Illinois Workers’ Compensation Act, which mandates that businesses provide workers’ compensation insurance to all employees (820 ILCS 305/1). This is a no-fault system, and employers cannot deny claims based on liability. The act does not cover independent contractors, temp workers, or gig workers.

If you were in a forklift accident but were not an employee of the company, you can recover compensation through a personal injury suit. To prove your case, you must ensure that your claim meets the standards for negligence: duty of care, breach of duty, causation, and damages.

Negligence means that the liable party had a responsibility to you, they failed to uphold that duty, this breach of duty caused your forklift injuries, and you suffered financial or emotional losses. The standard of negligence has been repeatedly affirmed by Illinois appellate courts, such as in Dunning v. Dynegy Midwest Generation, Inc.

This wrongful death case was brought for a forklift operator who died due to defective product design, and the court found that to prove negligence, it must be demonstrated that an alternative design would have prevented the injury.

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

For a personal injury suit, you have two years from the date of the accident to file a claim (735 ILCS 5/13-202). A workers’ compensation claim can be brought up to three years after the accident, but you must have informed your employer of the accident within 45 days (820 ILCS 305/1).

Who Is Legally Liable for Forklift Accident Accidents in Chicago?

Our Chicago forklift accident lawyers can hold a variety of parties liable for your injuries, including the following.

  • Company: Workers’ comp is for employees injured in forklift accidents, and it is a no-fault system. If you were not an employee, you can file a third-party suit.
  • Other Workers: The Occupational Safety and Health Administration requires all operators to be fully certified and follow all safety guidelines. If operator error resulted in your forklift accident, individual workers may be held responsible.
  • Manufacturers: A forklift manufacturer must ensure that all their products incorporate the latest safety features and provide guidance on safe operation. Our forklift accident attorneys can issue product liability lawsuits if the manufacturer failed to uphold these standards.
  • Property Owners: If your accident occurred at a worksite, the property owner could be liable under premises liability laws.

Common Defenses in Chicago Forklift Accident Cases

Workers’ compensation is a no-fault system, meaning that you only must prove that you were injured at work. However, third-party claims may be denied due to these common defenses. Our Chicago forklift accident lawyers will use meticulous evidence to demonstrate liability.

  • Failure to Report on Time: You must file a claim as soon as possible, or the statute of limitations can run out. Contact our Chicago forklift accident attorneys immediately to avoid this defense.
  • Comparative Negligence: Illinois uses a modified comparative negligence rule, meaning you can file a third-party claim as long as you are not more than 50% responsible. We can use evidence to prove that the other party was more liable.
  • Preexisting Conditions: Insurance companies may insist that your forklift injuries are due to previous accidents or underlying conditions. We will use medical records to refute this.
  • Minimizing Injury Severity: Companies will try to insist that your forklift injuries are not as severe as you claim, so we will use expert witnesses to prove the extent of your injuries.

How to Strengthen Your Forklift Accident Case in Chicago

  • Seek Immediate Medical Attention: Go to the nearest hospital, such as UChicago Medicine.
  • Report the Forklift Accident: Tell a site supervisor what happened and submit a written report.
  • Document the Scene: Take photos and videos of the scene and of your injuries.
  • Gather Evidence: Gather witness contact information, accident reports, and keep records of all communications with supervisors. You should also collect your medical bills and document time off work.
  • Do Not Speak to Third Parties: Insurance adjusters will do everything possible to prevent you from gaining a fair settlement. Always let your attorneys speak to third parties on your behalf.
  • Contact a Forklift Accident Lawyer: We will protect your legal rights and guide you through the claims process. Call us today for a no-obligation consultation.

How a Chicago Forklift Accident Lawyer Can Help

Our forklift accident lawyers will fight hard to ensure that you get the maximum settlement possible. We can assist with every aspect of your case, including:

  • Determining how much your case is worth and pushing for the highest compensation
  • Investigating how the accident happened and who may be liable
  • Gathering evidence like maintenance records, surveillance footage, and expert testimony
  • Filing complaints with the Circuit Court of Cook County and writing demand letters for insurers
  • Negotiating with insurers on your behalf
  • Contesting denied workers’ comp claims
  • Representing you at trial if necessary

With comprehensive and compassionate service, our top-rated attorneys will ensure you are treated fairly by third parties and the court system.

Chicago Forklift Accident FAQs

How much does a forklift accident lawyer cost?

We provide legal assistance on a contingency fee basis, meaning that you owe us nothing unless we recover compensation.

Who can file a forklift accident claim in Chicago?

Different forklift accident victims can file different claims. If you were an employee at a construction site or a distribution center, you can claim workers’ compensation benefits. Other parties, like contractors and third parties, can file a personal injury lawsuit.

How long does it take to settle a forklift accident case?

How long it takes to settle depends on how willing the insurance company is to negotiate, the severity of your forklift injuries, and the strength of your evidence. It can take anywhere from a few months to several years.

What is the three-point contact rule for forklifts?

The three-point contact rule is to prevent forklift accidents by maintaining three points of contact with the machine at all times.

Who always has the right of way on a forklift?

As with other forms of transportation, like cars, pedestrians always have the right-of-way when operating a forklift.

What is the 20-foot rule for forklifts?

This rule means that operators should never allow two forklifts to come within 20 feet of each other. This allows for adequate stopping distance and prevents forklift accidents.

What type of forklift accident is most likely to lead to fatality?

A forklift tipping is most likely to result in fatal injuries.

What is the forklift safety halo?

The safety halo is a distance rule meant to prevent serious injuries or death. The warning zone is within three and six feet, which is when operators and pedestrians should make eye contact. Pedestrians always have the right of way.

The danger zone is when pedestrians are within three feet of the machine. Operators should never move the forklift when a person is so close.

Some companies have installed warning lights that can remind pedestrians of safe distances, in addition to ensuring all workers are properly trained to prevent accidents.

What is the maximum safe driving speed for forklifts in Chicago?

In general, the maximum safe speed is 10 miles per hour. In crowded areas, operators should limit their speed to between 3 miles per hour and 8 miles per hour.

Consult a Chicago Forklift Accident Lawyer Near You!

Our Chicago forklift accident lawyers are top-rated attorneys with a 98% success rate and over $490 million recovered. We work on a contingency fee basis, ensuring everyone can afford high-quality legal support. Contact us to explore your legal options during a free consultation.

Client Reviews

After I sustained an injury while working on a construction site a co-worker told me to contact this law firm. I was very happy with her suggestion. The team here handled my work comp case quickly and was also abuse to file a lawsuit against a sub-contactor that provided me with much more money than...

Mitch C.

A great outcome for a railroad injury case that I was told by other attorneys had minimal value. This law firm hired an investigator who interviewed my co-workers and went out to the railyard to help establish the area where I fell was poorly maintained and in disrepair for a long time prior to my...

Edwardo M.

Thank you for an amazing outcome that far exceeded my expectations. In addition to the outcome, I was very pleased with how this law office handled my calls and texts- promptly responding to each. 5 stars for the outcome, 5 stars for customer service.

Maria R.

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