Forklift Accident Lawsuit

If you’re considering a forklift accident lawsuit in Illinois, our team is here to help. Our Chicago forklift accident lawyer team has represented workers throughout Illinois after serious accidents involving forklifts in construction, warehouses, and at industrial facilities. 

We understand how life-changing these accidents can be. Whether the forklift accident occurred due to operator error, unsafe conditions, or mechanical failure, our attorneys know how to investigate the facts and hold the responsible parties accountable.

Forklift Accident Lawsuit Payouts Recovered by Our Chicago Law Firm

At IL Work Injury Lawyer, we’ve successfully represented workers injured in forklift accident cases across Chicago and Illinois.

$4.4 Million – Forklift Tip-Over Causes Crushing to Chicago Worker

James, a forklift operator in Southwest Chicago, was severely injured when his forklift tipped over due to faulty load indicators. He suffered crushing leg and pelvic injuries requiring multiple surgeries. We secured $4,400,000 for his medical costs, lost earnings, and permanent mobility limitations.

$1.25 Million – Forklift Strikes Shopper Outside Chicago Big Box Retailer

Luis was hit by a forklift in a Lincoln Park store parking lot, fracturing his hip and suffering internal injuries. The forklift was operating outside designated hours. Our attorneys used surveillance footage and witness accounts to recover $1,250,000 for his medical bills and long-term impact.

$750,000 – Truck Driver Pinned by Forklift at West Suburban Warehouse

Robert, a delivery driver, was pinned by a forklift at an Elk Grove Village warehouse. He suffered broken ribs and a herniated disc. We proved the operator was uncertified and that safety protocols were ignored. Robert received $750,000 for medical treatment, wage loss, and future care.

Why File a Lawsuit With IL Work Injury Lawyer

At IL Work Injury Lawyer, our top-rated forklift accident lawyers have successfully represented workers across Chicago and Illinois. We bring decades of experience handling forklift accident lawsuits and have secured millions in verdicts and settlements for clients suffering severe injuries. With a 10/10 rating on Avvo and recognition by Super Lawyers, our law firm is known for delivering results. 

Whether the forklift accident happened at a construction site, warehouse, or retail location, we’ll investigate every detail and hold the at-fault party accountable. We offer a free consultation—and you pay nothing unless we recover compensation for you.

Can You Sue for a Forklift Accident?

Yes, you can sue for a forklift accident, but it depends on who was responsible and the circumstances of the injury. In most Illinois work injury cases, you cannot sue your direct employer due to the protections they receive under the Workers’ Compensation Act (820 ILCS 305). Instead, injured employees typically receive workers’ comp benefits like medical coverage and partial wage replacement.

However, if a third party contributed to the accident, you may be eligible to file a forklift accident lawsuit. This often applies when someone other than your employer was negligent, such as:

• A general contractor overseeing the job site
• A property owner who failed to maintain safe conditions
• A manufacturer if the equipment was defective
• A subcontractor or delivery driver operating in the area
• A negligent party in a retail or public setting, if you were not an employee

Filing a forklift accident lawsuit allows you to recover damages that workers’ comp does not cover—pain and suffering, future lost income, disfigurement, and possibly punitive damages. These types of compensation can significantly increase your recovery after serious injuries.

Who Can File a Forklift Accident Lawsuit?

Not every person injured in a forklift accident is limited to workers’ compensation. In Illinois, several categories of individuals may be eligible to file a forklift accident lawsuit depending on the circumstances and who was responsible.

Injured bystanders or visitors—such as delivery drivers, vendors, or inspectors—can sue for negligence if they were hurt by a forklift at a job site or warehouse, since they’re not employees of the business where the accident occurred.

Third-party contractors or subcontractors who are injured due to another company’s negligence may also file suit. For example, a flooring contractor hit by a moving forklift operated by a separate subcontractor could bring a claim.

Employees of other companies onsite, like warehouse workers injured by delivery drivers using forklifts, may pursue lawsuits against the at-fault company.

Product users injured by defective forklifts can bring a product liability claim against the manufacturer or distributor.

Customers or clients injured on commercial property can sue the property owner or business operator.

In cases of fatal forklift accidents, surviving spouses, children, or next of kin may pursue a wrongful death lawsuit under the Illinois Wrongful Death Act (740 ILCS 180/).

Who Can Be Held Liable in Forklift Accident Cases?

Liability in a forklift accident lawsuit often hinges on who controlled the job site, the forklift, or the surrounding environment. Multiple parties may share fault depending on how the accident occurred, who created or failed to address the hazard, and whether safety protocols were followed. Examples include:

• Forklift operator – While operators are rarely personally sued, they may be liable in limited cases where their reckless or willful misconduct—such as speeding, ignoring traffic protocols, or operating under the influence—falls outside the scope of employment.
• Employer of the forklift operator – If the operator works for a subcontractor, vendor, or delivery service not directly employed by the injured party’s company, their employer can be liable under the legal doctrine of respondeat superior.
• General contractor or site manager – These parties are tasked with overall site safety and OSHA compliance. Failure to coordinate safe forklift routes, enforce proper training, or oversee load handling can make them liable for forklift accidents.
• Property owner or premises controller – In cases where an unsafe property condition—such as poor lighting, uneven flooring, or lack of barriers—contributed to the accident, the party controlling the premises may be liable under premises liability law.
• Forklift manufacturer or distributor – If the accident stemmed from a design flaw, brake failure, steering issue, or missing warnings, a product liability claim may be filed against the manufacturer or seller.
• Forklift maintenance company or rental agency – When a forklift accident is caused by improper inspection, negligent repairs, or skipped maintenance, these entities can share legal responsibility.
• Warehouse or facility operator – In high-traffic storage environments, these companies may be liable if they permitted untrained staff to operate forklifts or failed to enforce proper loading protocols.
• Other contractors or vendors – Forklift accidents involving blocked pathways, unsecured pallets, or poor visibility may stem from negligence by a third-party crew onsite.
• Government entities – If a forklift accident occurred on government-owned premises, a lawsuit may be possible under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/)—but special deadlines and notice requirements apply.

What Types and Causes of Forklift Accidents Can Be Grounds for a Lawsuit?

A forklift accident lawsuit may be appropriate when injuries are caused by preventable hazards, unsafe practices, or equipment failures. Below are common forklift accident types that often justify legal action based on negligence, product defects, or OSHA violations. Examples include:

• Forklift tip-overs: Tip-overs are often caused by speeding, sharp turns, uneven surfaces, or overloading. These are among the most deadly forklift accidents. If poor training or unsafe site conditions contributed, a civil lawsuit may be brought against a contractor or site supervisor.
• Pedestrian strikes: Forklifts can strike pedestrians due to blind spots, poor lighting, or missing alarms. Liability may fall on the operator, employer, or property owner, especially if OSHA safety rules, like traffic separation or warning signage, were ignored.
• Falling loads: Poor stacking, sudden stops, or weak pallets can cause loads to fall, leading to crushing. Liability may rest with the operator, employer, or third parties responsible for faulty materials or oversight.
• Mechanical failures: Brake, steering, or hydraulic issues can cause serious forklift accidents. If maintenance was neglected, service providers may be liable. Defective components could also justify a product liability claim against the manufacturer.
• Operator inexperience or lack of training: OSHA requires certified forklift training. If an uncertified or inexperienced operator causes an accident, their employer may face liability for negligent hiring or lack of safety programs.
• Improper use of forklifts: Using forklifts to tow vehicles or lift workers is prohibited under OSHA rules. Injuries caused by this misuse may support claims against supervisors or employers who allowed unsafe practices.
• Defective forklift design or manufacture: Some accidents stem from flawed forklift design or a lack of safety features. Under product liability law, the manufacturer or distributor may be held responsible for design defects or failure to warn users.
• Blocked or unsafe work zones: Debris, poor lighting, or narrow aisles can make forklift use dangerous. Contractors, property owners, or site managers may be liable if they fail to provide a safe, OSHA-compliant work environment.
• Falls from forklifts: Workers can suffer severe injuries from falls off raised forks or platforms. These cases often involve a lack of fall protection and can lead to lawsuits against employers or contractors for safety failures.
• Improper maintenance or inspection: Accidents caused by worn-out parts or skipped inspections may lead to claims against maintenance providers, rental agencies, or employers who failed to ensure safety.

What Are Common Forklift Injuries Subject to Lawsuits in Illinois?

Forklift accidents often lead to severe, long-term injuries that can upend a person’s ability to work, live independently, or return to their daily routines. Common forklift injuries include:

• Crush injuries: Resulting from being pinned between the forklift and a wall, or crushed by a tipping machine or falling load. These are among the most serious and commonly litigated injuries.
• Traumatic brain injuries (TBIs): Caused by falling objects, being struck by a forklift, or falls from elevated platforms. Even minor head trauma can have long-term consequences and high case value.
• Spinal cord injuries: May result from tip-over accidents or being struck by the forklift. These can cause partial or complete paralysis and lead to high-damages lawsuits.
• Amputations: Fingers, hands, or limbs may be severed due to mechanical entrapment or crushing. These are often linked to product defects or a lack of safety guards.
• Broken bones and fractures: Common in falls, load collapses, or pedestrian impacts. Lawsuits often arise when fractures are severe, disabling, or require surgery.
• Internal organ damage: Blunt force trauma can cause damage to organs such as the liver, spleen, or lungs. These may not be immediately visible but can be life-threatening.
• Lacerations and soft tissue injuries: Deep cuts, torn ligaments, and muscle damage may require surgery or lead to long-term mobility issues.
• Facial injuries and dental trauma: Often caused by falls, flying debris, or collisions, especially when no protective equipment is provided.
• Burns or electrocution: May occur in battery-powered forklifts (e.g., chemical burns) or if operating near power lines without proper training or barriers.

What Damages Can Forklift Injury Victims Recover Through a Lawsuit?

Forklift accident victims in Illinois may be entitled to recover compensatory damages through a personal injury lawsuit if a third party—such as a contractor, property owner, or equipment manufacturer—was responsible for the accident. These lawsuits offer broader financial recovery than a standard workers’ compensation claim.

Through a third-party forklift injury lawsuit, workers can pursue damages such as:

• Medical expenses: Full reimbursement for hospital bills, surgeries, rehabilitation, physical therapy, medications, and any expected future medical care related to the injury.
• Lost wages: Income lost while out of work due to the accident.
• Loss of earning capacity: If the forklift injuries result in permanent limitations that reduce your ability to earn a living.
• Pain and suffering: Compensation for physical pain, emotional trauma, anxiety, and the psychological impact of the injury.
• Disfigurement or disability: Payment for permanent scarring, amputations, or other lasting impairments.
• Loss of normal life: If the injury prevents you from enjoying activities, hobbies, or relationships in the way you did before.
• Punitive damages: In rare cases involving gross negligence, such as defective forklift design or failure to maintain equipment, the court may award punitive damages to punish the at-fault party.

What Types of Financial Compensation Are Awarded for Fatal Forklift Accidents in Illinois?

When a forklift accident results in death, surviving family members may be able to pursue a lawsuit under the Illinois Wrongful Death Act (740 ILCS 180/). These claims aim to hold the at-fault party accountable and help families secure the resources they need to move forward after such a devastating loss.

Compensation in these cases may include:

• Funeral and burial expenses
• Loss of financial support, which covers the income the deceased would have earned throughout their lifetime
• Loss of consortium or companionship for a surviving spouse or partner
• Grief and mental suffering
• Loss of parental guidance and emotional support for minor children left behind

A wrongful death forklift accident lawsuit is separate from workers’ compensation death benefits and allows families to seek broader financial recovery when a third party—such as a manufacturer, property owner, or subcontractor—was responsible for the fatal incident.

What Is the Average Forklift Injury Lawsuit Payout in Illinois?

According to Law.com’s VerdictSearch, the average forklift injury lawsuit payout in Illinois is $2,806,232, with a median of $2,000,000. Reported case values range from $120,000 to $13,045,776, depending on the severity of the forklift accident injuries and the facts surrounding each case, including:

• The seriousness of the injuries 
• Evidence showing who was legally responsible—such as the employer, a third-party contractor, or a manufacturer
• Medical bills, lost wages, and future medical costs tied to the injury
• OSHA violations
• Whether the incident occurred at a high-risk location

An experienced forklift accident lawyer can help evaluate these factors, identify all liable parties, and seek compensation that reflects the full scope of your injuries and losses.

Notable Forklift Accident Lawsuits Filed in Cook County

$13 Million Verdict After Forklift Crushes Worker’s Foot Leading to Amputation

Adelaida Anderson, 50, suffered a crush and degloving injury to her left foot while operating a Raymond forklift in a warehouse. She fell out of the machine after hitting uneven flooring, and the unguarded front wheel ran over her foot, later requiring a below-knee amputation. Anderson sued the forklift’s manufacturer for design defects, arguing that the absence of a safety door made the machine unreasonably dangerous. A jury awarded Anderson and her husband a total of $13,045,776, finding the forklift defective and rejecting the claim that she failed to use ordinary care.

$3,600,000 Settlement for Truck Driver Run Over by Forklift on Loading Dock

Timothy McDonald, 53, was standing on a loading dock when a forklift driver employed by Imperial Zinc reversed over him. He suffered leg fractures, degloving injuries, and a tendon rupture. Video footage revealed poor safety practices and improper storage that limited visibility and maneuvering space. McDonald underwent multiple surgeries and was left with lasting mobility issues. He claimed he could no longer work, and his wife filed a loss of consortium claim. The case settled for $3.6 million before trial, with the defense attempting to limit damages by pointing to McDonald’s unrelated health problems.

$2,050,000 Settlement for Carpenter Injured in Forklift Tip-Over

Ronald McCoy, 39, was operating a forklift on a construction job site when the overloaded machine tipped, forcing him to jump from nine feet up. He suffered multiple leg fractures and developed osteomyelitis, undergoing seven surgeries and ongoing pain. The defense argued McCoy was uncertified, didn’t wear a seatbelt, and may have caused the accident. Despite these claims, McCoy alleged poor load placement and a lack of safety led to the tip-over. He was left unable to work and needed future knee surgeries. He settled for $2.05 million, with the employer also forgiving a $900,000 medical lien.

Why You Need a Forklift Accident Lawyer

Hiring a forklift accident lawyer is critical if you’ve been injured in a workplace or third-party forklift incident in Illinois. These cases often involve multiple layers of liability, including claims against property owners, general contractors, or manufacturers. Establishing fault may require detailed investigations, expert analysis of OSHA forklift regulations, and securing maintenance or training records.

Forklift injury lawsuits in Chicago are typically filed in venues like Cook County Circuit Court, where defendants often have legal teams ready to challenge your claim. Without experienced legal representation, it’s easy for victims to be pressured into low settlements—or to have their claims denied entirely.

A top-rated forklift accident lawyer understands the local court system, knows how to investigate forklift accidents, and can handle everything from securing medical records to presenting expert testimony. Our firm builds strong cases designed to get results in and out of court.

How Common Are Forklift Accidents in Illinois?

From 2021 to 2022, the Bureau of Labor Statistics reported 24,960 non-fatal forklift-related injuries that resulted in days away from work, restricted duties, or job transfers. 53% of these DART cases stemmed from transportation-related events, such as forklift operators losing control of the equipment.

For those injured, the consequences can be long-lasting. According to the National Safety Council, on average, a forklift injury results in 18 days away from work, though many workers require much longer recovery periods.

Forklift accident statistics also point to who is most often affected. During the same two-year period, 84.59% of forklift injuries involved men, while 15.41% involved women. The age group most at risk was 25 to 34, a demographic that frequently works in physically demanding roles.

What Laws Govern Forklift Injury Lawsuits in Illinois?

Under Illinois’s no-fault workers’ compensation system (820 ILCS 305), most employees injured in forklift accidents are entitled to benefits, including medical expenses, partial wage replacement, and compensation for permanent disability or death. 

However, workers’ compensation laws bar injured employees from suing their employer for negligence. This means even if the employer’s actions contributed to the forklift accident, a direct lawsuit is not allowed under this statute.

When someone other than your direct employer—such as a contractor, subcontractor, equipment supplier, or property owner—is responsible for the forklift accident, you may file a third-party lawsuit. Unlike workers’ compensation claims, these lawsuits can seek full compensatory damages, including pain and suffering, future wage loss, and punitive damages.

The Occupational Safety and Health Administration enforces federal safety regulations for powered industrial trucks, including forklifts. Under 29 CFR 1910.178, employers must ensure that forklift operators are certified and that forklifts are regularly maintained. OSHA violations—such as improper loading practices, poor supervision, or failure to provide proper training—can be used as evidence of negligence in civil lawsuits.

Illinois law sets strict deadlines for filing forklift injury lawsuits. Under 735 ILCS 5/13-202, personal injury lawsuits must be filed within two years of the date of injury. Under 740 ILCS 180/, wrongful death claims must be filed within two years of the date of death. Missing these deadlines can result in losing your right to seek compensation.

If a forklift accident was caused by a design flaw, manufacturing defect, or inadequate warning, the injured party may have grounds for a product liability lawsuit. Under Illinois Product Liability laws (735 ILCS 5/2-21), victims can pursue claims against the manufacturer, distributor, or seller. Unlike standard negligence claims, product liability does not always require proof of fault—just that the product was unreasonably dangerous and directly caused the injury.

In addition to the laws above, violations of internal workplace safety policies—such as failing to certify operators, skipping regular maintenance, or ignoring prior complaints—can help support a claim. If these lapses mirror OSHA violations or contradict standard safety protocols, they may be strong indicators of negligence or liability in a forklift accident lawsuit. 

Courts often view a lack of training or failure to enforce forklift safety policies as evidence that the at-fault party failed to take reasonable precautions.

Common Defenses in Illinois Forklift Accident Lawsuits

Defendants in forklift accident lawsuits often argue that the injured worker was partly at fault. Under Illinois Comparative Negligence Law (735 ILCS 5/2-1116), if the worker is found 50% or more at fault, no compensation is awarded. Our forklift accident lawyers can counter with records and witness statements showing the worker acted responsibly or was placed in unsafe conditions.

The defense of assumption of risk is also frequently raised, especially in cases involving contractors or subcontractors in construction. The argument is that the injured worker knowingly accepted the risk. But in many cases, the worker was simply following orders or unaware of the complete danger. Our forklift accident lawyers can show that the risk wasn’t clear or that the person had little choice in performing the task.

Another common argument is a lack of notice or foreseeability. Defendants may say they did not know about the hazard or the time to fix it. However, our forklift accident lawyers often use maintenance logs, complaints, or OSHA citations to prove the danger existed long enough to be discovered and corrected.

In many forklift accident cases, the defense may also argue that the injuries were not caused by the incident itself. They may point to preexisting health problems as the real source of harm. In response, our forklift accident lawyers can use diagnostic records and physician opinions to prove the injuries came directly from the forklift accident.

When the defendant is a manufacturer, a common defense is product misuse or alteration. They may claim the equipment was changed or used improperly. Our experienced forklift accident lawyers can respond with expert analysis and maintenance logs, showing the forklift was used correctly and that a design flaw or defect existed before the sale.

The open and obvious doctrine is another defense tactic that argues the hazard should have been seen and avoided by the injured person. This could involve things like visible spills or obstacles. However, our forklift accident lawyers often show that poor lighting or distractions made the danger hard to spot, even for careful workers.

Finally, the defense may try to limit damages by claiming failure to mitigate. This suggests the worker didn’t follow medical advice or delayed treatment. Our forklift accident lawyers can respond by showing the person acted reasonably, followed treatment when possible, or faced barriers like cost or access to care.

How to Strengthen Your Illinois Forklift Injury Lawsuit

After a forklift accident, taking clear steps early on can protect both your health and your right to seek compensation—especially if you plan to file a third-party injury lawsuit in Illinois.

Get immediate medical attention, even if the injury doesn’t seem serious. Prompt care links your injuries to the forklift accident and prevents insurers from disputing the cause.

Report the accident to your employer or supervisor in writing. Keep a copy for your records. A delay in reporting could hurt your credibility or lead to questions about where the injury happened.

Document the scene right away. Take photos of the forklift, floor or ground surface, lighting, and any safety hazards. Save any damaged personal protective equipment or clothing.

Collect contact information from witnesses. Anyone who saw the accident or the hazard leading up to it could help confirm liability—especially in cases involving multiple companies. Don’t speak to insurance adjusters without a lawyer. Statements you give can be twisted or used to shift blame. A forklift accident lawyer can speak for you and protect your case.

Save all medical records and work-related documents. These help prove the value of your losses—like treatment costs, missed work, and long-term limitations.

Follow your treatment plan closely. Skipping appointments or ignoring doctor’s orders can damage your claim and suggest your injury wasn’t serious.

Reach out to a trusted Illinois forklift accident lawyer early. Legal help from the start ensures critical evidence is preserved and your rights are protected.

How Our Forklift Accident Attorneys Can Help

At IL Work Injury Lawyer, we begin every forklift accident case with a detailed investigation. We collect surveillance footage, review OSHA reports, inspect forklift maintenance logs, and interview witnesses. These steps help us establish how the accident occurred and who was at fault—especially in situations where multiple parties deny responsibility or key evidence risks being lost.

Next, we identify all third parties who may have contributed to the unsafe conditions. These might include a subcontractor, equipment manufacturer, property owner, or forklift maintenance provider. If their negligence played a role in the accident, we will pursue a forklift injury lawsuit to seek compensation that workers’ compensation benefits do not provide.

We also consult with medical and vocational experts to assess the full impact of your injuries. Orthopedic surgeons, neurologists, life care planners, and job specialists help us calculate future medical expenses, disability, and loss of earning potential—key components of your claim for long-term damages.

Throughout the process, we handle all communication with insurers and defense attorneys. You won’t need to deal with adjusters or legal teams trying to minimize your injuries. Our team protects your rights and prevents statements from being used against you.

If negotiations don’t result in a fair settlement, we’re fully prepared to litigate. Our attorneys have taken forklift injury lawsuits to trial in Cook County and across Illinois. We build every case with trial in mind, syou’rere never left unprepared if courtroom action becomes necessary.

Forklift Accident Injury Lawsuit FAQs

What evidence do I need to support a forklift injury lawsuit?

Key evidence includes photos or video of the accident scene, the forklift involved, and any visible hazards (such as debris or poor lighting). Maintenance logs, OSHA violation reports, eyewitness statements, and incident reports can help establish negligence. Medical records and documentation of your injuries and treatment are also essential to proving the extent of your damages in court.

How much does a forklift accident lawyer cost?

At IL Work Injury Lawyer, we work on a contingency fee basis. This means you don’t pay anything up front, and we only get paid if we recover compensation for you. Our fee comes from the settlement or verdict—not your pocket—so there’s no financial risk in hiring our forklift accident lawyers.

How long does a forklift accident lawsuit take?

The length of a forklift injury lawsuit can vary depending on the severity of injuries, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve in a few months; others may take a year or more. Complex litigation with serious injuries often requires more time to build and negotiate fully.

How long do I have to file a forklift injury lawsuit?

In Illinois, the statute of limitations for forklift injury lawsuits is two years from the date of the accident (735 ILCS 5/13-202). For fatal forklift accident claims, it’s two years from the date of death (740 ILCS 180/). It’s essential to speak with a forklift accident lawyer right away to preserve your right to sue.

Consult Our Chicago-Based Forklift Accident Lawyers

If you or a loved one suffered injuries in a forklift accident in Illinois, our Chicago-based forklift accident lawyers are ready to help. We have extensive experience handling third-party forklift accident lawsuits involving construction, warehouses, retail properties, and industrial workplaces. 

Whether your case involves a negligent contractor, defective equipment, or unsafe job conditions, we’ll work to hold the responsible parties accountable. Contact us today for a free consultation with an experienced Illinois forklift accident lawyer.