Compensation for Fatal Forklift Accidents in Illinois

Experienced Chicago-Based Lawyer Handling Forklift-Related Fatality Cases

Fatal forklift accidents, such as those that might occur at a Near North Side construction site or an Uptown warehouse, can result in both devastating grief and high expenses. Our Chicago forklift injury lawyers are committed to helping grieving families recover their financial stability as they mourn their loved one. Contact us today for a complimentary consultation and discover how we will advocate for your family. 

Settlements & Verdicts Recovered by Our Chicago-Based Law Firm

$14,005,000: Tyler was installing steel beams at a Lake View apartment building under construction when he fell from the forklift. After investigation, we found that the forklift had not received regular maintenance, which caused it to malfunction. 

$11,000,000: Paul, a temporary worker, was crushed to death when a forklift operator backed into him at a Diversey Avenue warehouse. We showed that the operator was not properly trained to handle this task.

$4,400,000: Bryan suffered fatal injuries in a Gold Coast-area forklift rollover that crushed him. Our legal experts demonstrated that the forklift overturned due to uneven ground conditions that the property owner should have rectified. 

Why Hire IL Work Injury Lawyer

Our award-winning attorneys have successfully settled 5,000 cases over the past 25 years, securing over $490 million in compensation. We are a Super Lawyers-rated firm with a flawless 10/10 AVVO rating, demonstrating our firm commitment to aggressive legal advocacy.

Types of Wrongful Death Forklift Cases We Handle

• Forklift operators crushed by overturning machines
• Consumers hit by forklifts
• Falls from forklift loading docks
• Falling forklift loads in warehouses
• Construction site forklift collisions due to uneven terrain
• Malfunctioning equipment resulting in death

What Causes Forklift Fatalities in Illinois?

According to the Bureau of Labor Statistics, most workplace deaths are due to transportation accidents, which include forklift-related incidents. Common causes of forklift-related accidents include:

• Insufficient forklift operator training or supervision
• Failure to provide refresher training for operators
• Poor maintenance and mechanical failures
• Hectic work environment with poor hazard communication
• Lack of spotters, mirrors, barriers, and warnings
• Pedestrians entering the “halo zone” around the forklift
• Use of forklifts on unsuitable terrain

What Damages Can Be Recovered in Fatal Forklift Accident Cases?

Wrongful death damages can include:

• Funeral and burial costs
• Medical expenses prior to death
• Lost wages and loss of financial support
• Emotional distress and grief
• Loss of consortium and companionship

In some cases, you may receive punitive damages if the defendant’s gross recklessness resulted in death.

What Is the Average Payout for Forklift-Related Fatalities?

The average payout for forklift-related wrongful death is $1,868,129. Payouts range between $150,000 and $8,998,877. Your payout will depend on factors like what injuries occurred, the decedent’s age and occupation, number of dependents, and the strength of liability arguments.

Example Cases

Sergio Rincon Sr. was on site as his coworker used a new forklift attachment made by Bishop Lifting Products. The company had not provided any instructions or safety labels for using the attachment. As his coworker was lifting a load, the attachment came free and struck Rincon Sr. He died of catastrophic injuries four days later. A jury awarded his family $8,998,877.05. 

Mark Besselievre was helping to move an air conditioning unit, known as a chiller, from a flatbed truck onto a loading dock with a forklift. For some reason, the forklift moved down the ramp and fatally crushed Besselievre. The defendants had recently been cited for failing to maintain a safe workplace environment. After a mediated settlement process, his family received $1,310,000.00.

Why You Need a Lawyer for Forklift Accident Deaths

An attorney will guide you through the Cook County court system while determining the liability of all defendants through thorough investigations. We’ll counter insurance company claims that their client is not liable, demonstrate that the employer failed to protect your loved one, and coordinate workers’ comp claims along with third-party liability cases. 

How Common Are Forklift Fatalities in Illinois?

Since 2020, the Chicago OSHA office has reported 54 forklift-related deaths in the area. In 2023, the BLS reported 143 occupational deaths in Illinois. 38% of them were due to transportation accidents, which includes forklift-related deaths. 

Where Do Forklift Deaths Occur Most Often in Illinois?

Fast-paced work environments, like construction sites and distribution centers, are often the locations for fatal accidents involving forklifts. These locations include:

• Industrial zones in McKinley Park, Pullman, Calumet, and the South Shore area
• Suburban logistics centers in Schaumburg, Roselle, Bolingbrook, and Naperville
• Freight centers at O’Hare International Airport and Midway International Airport
• Transit depots in West Chicago
• Construction sites in downtown Chicago, including the Loop, River North, and Streeterville
• Distribution centers in Evanston, Oak Park, and Downers Grove

What Laws Govern Forklift Wrongful Death Cases in Illinois?

Families can receive death benefits by utilizing the Illinois Workers’ Compensation Act (820 ILCS 305). To qualify, the liable company must have employed the decedent, who was fatally injured as a direct result of their employment. This is a no-fault system, meaning you can claim benefits even if the decedent was responsible for the accident.

Grieving loved ones can also pursue a tort claim using the Wrongful Death Act (740 ILCS 180/). However, this requires proving that the defendant was negligent. This can involve premises liability, which holds property owners liable if they fail to ensure a safe environment for invitees (740 ILCS 130/).

Negligence can also be proven through unsafe work practices. The Occupational Safety and Health Administration regulates forklift operation (29 CFR 1910.178). Companies that fail to uphold OSHA regulations, such as ignoring speed limits or failing to provide their operators with proper training, can be held liable if serious injuries occur. 

You may hold multiple parties liable through the Joint Tortfeasor Act (740 ILCS 100/), which is applicable to third-party claims. Additionally, there is no cap on non-economic damages if your case goes to trial, as per the court case Lebron v. Gottlieb Memorial Hospital. 

Wrongful death claims have a two-year statute of limitations (735 ILCS 5/13-202). Workers’ comp forklift accident claims can be filed as late as three years after death (820 ILCS 305/6). Contact us immediately to ensure we have time to prepare your case. 

Who Can Be Held Liable for Forklift Fatalities?

Potentially liable parties can include:

• Employers, for failing to prevent accidents
• Equipment manufacturers for failing to prioritize safety when designing products
• General contractors, subcontractors, and third-party vendors
• Site managers and property owners

Common Defenses in Illinois Fatal Forklift Accident Lawsuits

Insurance companies will use any possible defense to diminish their liability, but our skilled attorneys can counter these claims. These are some of the most common defenses we encounter, along with strategies for combating them.

• Comparative Fault: This holds the decedent primarily responsible for failing to prioritize safety. We will use witness accounts to demonstrate that your loved one was acting safely at the time of the accident.
• Unauthorized Forklift Operator: They may state that the individual was not authorized to use the forklift. We can use forklift certification records to prove they had the proper training. 
• Forklift Was Maintained: This argument suggests that manufacturing flaws or maintenance failures were not the cause. Maintenance records and expert testimony can counter this argument.
• PPE and Safety Procedures Available: If the employer argues that they provided all necessary safety equipment, we can review prior OSHA violations to refute them.

How to Strengthen a Fatal Forklift Accident Case

Follow these steps to improve your chance of a fair settlement:

• Preserve employment records and medical records.
• Secure autopsy reports or coroner findings.
• Keep track of all expenses associated with your loved one’s death.
• Collect job site footage, witness statements, and surveillance cameras.
• Do not speak to insurers or employers without an attorney present.

How a Forklift Fatality Attorney Can Help

Our award-winning firm will assist you with all aspects of your case, including:

• Managing workers’ comp death benefits and third-party wrongful death claims.
• Evaluating your damages, including loss of financial support and emotional distress.
• Preserving evidence, including surveillance footage and maintenance records.
• Consulting with OSHA inspectors and other safety experts to understand the cause of the accident.
• Negotiating for full compensation, including non-economic damages and loss of future income.
• Filing a lawsuit with the Circuit Court of Cook County and representing you at trial if negotiations fail. 

FAQ

How much does a personal injury lawyer cost in Illinois?

We work on a contingency fee basis, so you owe nothing unless we win.

Who can file a wrongful death lawsuit in Illinois?

The next of kin can file a wrongful death lawsuit. Typically, this is the spouse or surviving children, but it may also be parents or siblings. 

Can I file a wrongful death lawsuit if my loved one was receiving workers’ comp?

If a party other than the employer was liable, you can file a separate personal injury suit against that party.

What is the deadline to file a fatal forklift accident lawsuit in Illinois?

In general, you have two years to file a lawsuit, though a workers’ comp claim may have different guidelines. We’ll help you determine which deadline applies.

Do these cases typically settle out of court?

Many cases settle out of court, but we always prepare each case as if it is going to trial to ensure you have the best chance at compensation. 

Book a Free Consultation

If your loved one was killed in a forklift accident, we’re here to help you pursue justice. At IL Work Injury Lawyer, we fight to ensure families receive every dollar they’re owed. There are no fees unless we win. Contact our Chicago workplace injury attorneys for a free, compassionate case review today.