Compensation for Construction Site Forklift Accidents in Illinois

Experienced Chicago-Based Attorneys Handling Forklift Accident Cases Involving Construction Sites

Construction site forklift accidents can result in serious injuries and life-changing disability. Whether accidents happen at worksites on Chicago’s West Side or renovation projects in Naperville, IL Work Injury Lawyer is here to help you recover fair compensation for devastating accidents. Contact us today for a free consultation about your claim. 

Settlements & Verdicts Recovered by Our Chicago-Based Law Firm

$4,400,000: Alex, a forklift driver, suffered severe injuries when the rig tipped over, including crush damage to his legs and pelvis. We proved that the company had not properly maintained the equipment.

$990,000: Construction worker Bob was hit by an unlicensed forklift operator while at his Berwyn job site. We gathered witness statements proving that the company was aware of the unauthorized operation.

$575,000: Julio, a food delivery driver in Bolingbrook, was pinned by the forks of a lift due to faulty equipment. The machine had inadequate safety measures, resulting in his serious injuries. 

Why Hire IL Work Injury Lawyer

Our nationally recognized forklift accident law firm in Chicago is a member of the American Association for Justice, demonstrating our commitment to providing top-rated legal representation for those injured by forklifts. We have litigated over 5,000 successful injury claims, resulting in over $490 million secured for our clients. 

Types of Cases We Handle

• Struck-by forklift collision at a crowded site
• Tipovers while operating on uneven surfaces
• Load drops that injure contractors or workers
• Collisions with scaffolding or equipment
• Pedestrian accident on shared access routes

Why Do Forklift Accidents Happen in Illinois Construction Workplaces?

Common causes of forklift crashes can include:

• Inadequate forklift operator training or certification
• Uneven terrain, like ramps or bare earth
• Poor hazard communication by spotters or others
• Mechanical failure, such as due to poor maintenance
• Busy work zones with shared access zones and inadequate barriers
• Lack of safety procedures like halo zones
• Failure to install safety mechanisms like red lights, backup alarms, and mirrors

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

These accidents can have serious consequences for victims, including permanent disability and long recovery times. Common forklift injuries include:

• Crush injuries to the legs, arms, or pelvis
• Broken bones and fractures
• Traumatic brain injuries and head trauma
• Amputations, particularly due to rollovers or pinning
• Spinal cord injuries and paralysis
• Internal injuries requiring surgical intervention
• Torn ligaments and tendons

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

According to Law.com’s verdict search, the average forklift injury payout is $2,806,232 with a median of $2,000,000. Factors that determine your potential payout include liability, injury type, surgical procedures, overall damages, available evidence, and insurance amounts. 

Example Cases Filed in Cook County

Carpenter Ronald McCoy was working on a rehabilitation project at the Illinois Institute of Technology when the forklift he was driving tipped over. McCoy had to jump out of the rig, falling 9 feet to the ground. After fracturing his left tibia and fibula, he developed osteomyelitis, also known as a bone infection. He endured seven surgical procedures and settled with the liable parties for $2,050,000.00. 

Ironworker James Clendenning was working on a new construction project in Shorewood when he fell from a forklift, plunging 15 feet to the ground. He suffered a traumatic brain injury and had to be placed in a medically induced coma. 

Clendenning’s head injury resulted in cognitive challenges, compounded by his other injuries, like broken ribs, a fractured shoulder, vertebral fractures, and a broken nose. He settled with multiple liable parties for $2,000,000.00. 

Why You Need a Lawyer Skilled in Construction Accidents 

These cases are extremely challenging and require the expertise of experienced legal professionals. There are often multiple liable parties, like general contractors, subcontractors, and manufacturers. Each will have a separate insurance policy that we must review. 

We may pursue both workers’ comp and personal injury cases depending on the circumstances, which requires additional coordination and research. For a third-party liability claim, our attorneys will establish negligence through OSHA records and other evidence, which companies may attempt to conceal or avoid providing. 

Liability may also require expert reports about safe forklift operation or worksite safety, such as how to navigate a forklift through crowded areas like Fulton Market or South Loop rehab projects. Our experienced attorneys will coordinate all communications, thoroughly research your case, and ensure you receive fair treatment at the Cook County Circuit Court. 

How Common Are Forklift Construction Accidents?

According to forklift injury statistics by the Occupational Safety and Health Administration, there have been eight forklift-related construction accidents in Chicago since 2020. Four of these, or 50% of all cases, were fatal. 

Where Do Construction Forklift Accidents Occur Most Often in Illinois?

Construction is a hazardous industry, particularly due to the use of heavy machinery, such as forklifts. Common accident locations include:

• Streeterville office buildings
• High-rise construction in the Loop
• I-90 infrastructure projects
• Gold Coast condominiums
• CTA station renovations, such as at Cermak-McCormick Place
• Transit expansion projects, like the Red Line expansion
• Warehouse-to-construction deliveries
• Union job sites with limited pedestrian routes, like near Western Avenue
• Demolition projects in the Hegewisch area
• Warehouse construction in Bridgeport

What Laws Govern Forklift Injury Claims in Illinois?

Those who were injured in the course of their employment can file a workers’ compensation claim with their employer, which will cover their medical bills and a portion of lost wages. This is a form of insurance that companies are legally required to carry (820 ILCS 305). 

You cannot sue your employer in addition to receiving workers’ comp. Additionally, you must be employed directly by the company. Independent contractors and subcontractors cannot pursue workers’ comp for forklift injuries. 

Workers’ comp is a no-fault system, meaning that you do not need to prove liability. You can receive benefits even if you were primarily responsible for the accident. Instead of demonstrating negligence, you must prove that the company employed you, you were performing your duties in accordance with your job description, and you were injured while fulfilling your obligations. 

Employees can file a claim within three years of the injury or two years of their last payment from the company, whichever is later (820 ILCS 305/6(d)). 

If you intend to file a claim against a party other than your employer, you must prove negligence. In many cases, this is proven under the Illinois Premises Liability Act, which requires property owners to rectify known hazards and exercise reasonable care to prevent harm to invitees (740 ILCS 130/). 

Our skilled attorneys can also demonstrate liability through unsafe work procedures, such as allowing workers to drive a forklift with the forks raised (29 CFR 1910.178).

You do not need to be entirely blameless to receive compensation, as Illinois uses a modified comparative negligence rule (735 ILCS 5/2-1116). For example, in the case Deibert v. Bauer Bros. Const. Co., Inc, the courts determined that companies can be held liable for open and obvious hazards if they could reasonably foresee that individuals may be distracted, such as by scanning for falling objects. It is possible to sue more than one party under 740 ILCS 100/2. 

Damages you may receive in a personal injury lawsuit include:

• Medical bills
• Future medical expenses
• Lost income
• Future lost income
• Property damage
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Surviving family members can also sue for funeral and burial expenses, medical bills, lost income, and grief (740 ILCS 180/). For wrongful death, you must show that the person’s death was directly connected to the forklift accident. Typically, you have two years to sue for personal injury (735 ILCS 5/13-202). 

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

We will carefully review your case to determine all potentially liable parties. These can include:

• Employers
• Site managers
• General contractors
• Equipment manufacturers
• Other subcontractors
• Property owners and management companies

Common Defenses in Construction Forklift Accident Lawsuits

Employers and insurance companies will do everything possible to prevent you from receiving a fair settlement. We can counter their defenses using strong evidence. Common defenses in forklift injury lawsuits include:

• Comparative Negligence: The company may insist that you were primarily to blame, but witness testimony and surveillance footage can reveal your role in the accident.
• Forklift Operator Was Not Authorized: In some cases, the company will claim that the operator was not told to perform this duty. Work logs, witness testimony, and operator certifications can prove this false.
• Altered or Misused Forklift: This defense claims that the forklift was not used in accordance with standard operating procedure or the operator altered its function, such as by removing safety mechanisms. Operating manuals, manufacturer specifications, and surveillance footage can demonstrate that the forklift was functioning properly.
• Incidental Defects: If the forklift malfunctioned, the manufacturer may claim that any defects in the vehicle did not contribute to the accident, but expert testimony can show the connection between the crash and manufacturing flaws.
• Adequate Safety Precautions: The company will refute liability by stating that it had followed all safety procedures, including the use of backup alarms, hiring spotters, and establishing pedestrian safety zones. OSHA violation records, witness depositions, accident footage, and expert testimony can all refute these claims.
• Open and Obvious Hazard: If you were a pedestrian struck by a forklift, the insurance company may argue that you should have been paying closer attention. However, this is not always a valid argument depending on the circumstances. Companies can be held liable if they should reasonably foresee that workers would be distracted.
• Assumption of Risk: Construction is a dangerous profession, so companies may state that you were aware of the potential risks and chose to continue performing your duties. We can demonstrate that your accident does not fall under the definition of reasonable risk through expert witnesses.
• Procedural Defenses: Insurance companies may delay investigating, insist you filed paperwork wrong, or state that you did not file by their deadlines. Our legal team carefully coordinates all lawsuits and maintains constant communication with the insurance company to ensure that your claim is filed accurately. 

How to Strengthen Your Construction Forklift Accident Claim

When accidents happen, you must respond quickly to ensure you have a strong case. Follow these steps as soon as possible.

• Visit the closest emergency room for immediate treatment, such as Northwestern Memorial Hospital.
• Report the incident to the site supervisor or your direct supervisor. Ensure you get a copy of the incident report. 
• Take photos of the site and the equipment, as well as any hazards that were present like construction debris or a lack of barriers.
• Gather witness statements from other workers, guests, and contractors.
• Preserve your clothing, footwear, and any personal protective equipment (PPE) to prove they were not aggravating factors in your accident.
• Do not post about the accident on social media, and do not speak to insurance companies or other third parties without your attorney.
• Contact an experienced construction accident attorney who can guide you through the legal process. 

How IL Work Injury Lawyer Can Help

Our award-winning attorneys can assist you with every aspect of your case, including:

• Filing workers’ comp claims and appealing rejections as necessary.
• Preserving vital evidence, such as surveillance footage, incident reports, broken equipment, and communications.
• Accurately evaluating your damages and consulting with medical professionals to identify your future needs. 
• Coordinating multiple claims as necessary, including workers’ comp and third-party claims.
• Investigating the liable party’s safety record and identifying any OSHA violations.
• Consulting with construction safety experts, forklift professionals, doctors, and other experts to understand the accident causes and your future needs.
• Aggressively negotiating with insurers for a full-value settlement.
• Filing a lawsuit with the Circuit Court of Cook County if necessary. 

FAQs 

How much does a forklift accident lawyer cost in Illinois?

Our top-rated attorneys work on a contingency fee basis. Legal fees are deducted from your settlement, meaning you pay nothing out of pocket.

Who can file a construction forklift lawsuit?

Injured workers, site visitors, independent contractors, and families of deceased workers can file lawsuits. 

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

You may seek compensation through a personal injury lawsuit while receiving workers’ comp as long as you are suing a third party, such as a manufacturer or property owner, rather than your employer.

Do these cases usually settle or go to trial?

These cases typically settle out of court. However, we prepare all cases as if we are going to trial, ensuring that you have the best possible chance of a successful verdict. 

Secure Expert Legal Counsel

If you or a loved one was hurt in a construction forklift accident, a Chicago workplace injury attorney from our team can help. We never charge fees unless we win, and we’re ready to fight for the full compensation you deserve. Call today for a free consultation.