Forklift Injury Settlements in Illinois

IL Work Injury Lawyers has helped secure hundreds of forklift injury settlements, both through workers’ compensation and third-party personal injury claims. We pursue all types of injury claims to ensure the highest possible compensation, often far beyond the average for cases like these. Contact us today to learn how we can seamlessly orchestrate the claims process. 

What Is the Average Forklift Accident Settlement in Illinois?

The average settlement is $1,352,500 with a median of $1,487,500. However, this does not mean you are guaranteed a similar amount, as the value of your case depends on how badly you were injured, what type of claim you have, and the available insurance. Some standard ranges include the following.

Minor Injuries: $10,000 – $50,000

This category includes individuals with soft tissue damage, sprains, minor fractures, or short-term back injuries. If you did not require surgical intervention, your forklift accident may fall into this category. 

Moderate Injuries: $50,000 – $150,000

Serious fractures, soft tissue damage requiring surgery, or injuries causing long-term pain would be considered moderate. If you are not expected to recover within a few months or are no longer able to perform your job duties in the long term, you may receive more.

Severe Injuries: $150,000 – $500,000+

Individuals who suffer from permanent disability may secure much higher compensation. This would include traumatic brain injuries, spinal cord damage, crush injuries, or amputation. 

Settlements Recovered by Our Chicago-Based Law Firm

$11,000,000: Johnny, a temp worker, was killed when a forklift operator backed into him. Though the employer argued that Johnny had entered a restricted area, we proved the real cause was inadequate training and secured fair compensation for his loved ones.

$4,400,000: Albert was operating a forklift when it tipped over due to an unsecured load. Our attorneys demonstrated that the company had broken numerous loading-related safety regulations.

$1,250,000: Samuel was shopping at a home improvement store when he was struck by a forklift in the parking lot. At trial, we showed that the driver had not been forklift certified at the time of the accident. 

Why Choose Our Forklift Accident Lawyers

Our firm is the best choice for those who have sustained severe injuries in forklift accidents. We are a member of the Million Dollar Advocates Forum thanks to our fierce legal advocacy, having secured over $490 million in settlements and verdicts. With a 98% success rate and the prestigious Super Lawyers distinction, our Chicago forklift injury lawyers are dedicated to providing the best legal support possible for every client. 

What Types of Compensation Are Available Through Forklift Accident Settlements?

Our forklift accident lawyers will determine what type of case you can pursue based on the potentially liable parties, your relationship to the defendant, and the specific cause. Each claim comes with different compensation categories and processes.

Workers’ Compensation Claim

Workers’ compensation can recover compensation for employees who were injured in the course of their employment (820 ILCS 305). This is a no-fault system, so you can pursue a claim even if you were at fault. A forklift accident workers’ compensation claim will cover medical bills and a portion of your lost wages. 

Third-Party Lawsuit

Forklift accident personal injury lawsuits are used when the liable party is not your employer, but a third party, like a manufacturer or property owner. In addition to lost wages and medical bills, you can also recover non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life. Your attorney must prove liability. 

Wrongful Death

Wrongful death forklift accident lawsuits compensate grieving families for the loss of their loved one while holding another party accountable for the forklift accident (740 ILCS 180/). You may recover damages for medical bills, loss of future income, grief, emotional distress, and burial or funeral expenses. 

What Determines the Value of a Forklift Accident Settlement?

The right forklift accident settlement will be based on your overall expenses related to the accident and the way it has changed your life. Numerous factors contribute to what a fair sum may be, including these. 

Medical Costs

Your medical expenditures will be tallied, including any future treatment you might need. This includes:

• Emergency treatment and ambulance costs
• Surgery and any surgical revisions
• Physical and occupational therapy
• Mental health treatment
• Home modifications
• Mobility aids

It is essential to continue receiving all treatments recommended by your doctor and to keep track of all associated costs. If you do not follow your treatment plan, insurers can argue that you were not doing everything necessary to minimize your losses, known as continuation of care. 

Lost Wages

With workers’ comp, you will receive a portion of the state average weekly wage (SAWW). How much you receive depends on how long you will be out of work and whether you can return to your original duties. A third-party claim may receive more. 

Pain and Suffering

In Illinois, the court case Lebron v. Gottlieb Memorial Hospital removed the cap on non-economic damages. This means if your case goes to trial, a jury can award whatever they feel is appropriate.

These damages can be calculated using several methods, one of the most popular being the injury multiplier. Your attorney will multiply your hard financial costs by the extent of the pain you experienced. The number used typically ranges from 1.5 to 5, with higher numbers for those who face life-changing injuries. 

Another option is the per diem method. This assesses the potential recovery timeline, assigns a daily cost, and then multiplies the daily sum by the duration until maximum improvement is reached. 

Our skilled attorneys will determine which method is most appropriate for your circumstances and then prove to the insurer why you deserve this sum. 

Disability or Disfigurement

Those who have become temporarily or permanently disabled, as well as those who have experienced disfigurement like facial damage, often get more in non-economic compensation due to the long-term consequences of the forklift accident. 

The sum you can receive for this category depends on how severely you are disabled and what impact it has on your daily life. For example, someone who was paralyzed and now needs to use a wheelchair will receive more than someone who has full mobility but may need a mobility aid. 

Pre-Existing Conditions

Insurance companies will scrutinize your medical history to determine whether your injuries would be explained by something other than the forklift accident, which they can then use to diminish responsibility. 

On the other hand, your attorney can argue for higher compensation if you had a well-managed condition that was exacerbated by the accident. We can apply the “eggshell skull rule,” which holds that a defendant is liable for any harm resulting from their actions, even if a similar harm would have been caused by something else. 

The name “eggshell skull” succinctly summarizes the legal argument: if someone had a skull made of eggshell and was killed, the defendant would still be liable, despite the fact that the plaintiff could have experienced catastrophic damage under any other circumstance. 

How to Maximize Your Forklift Accident Settlement in Illinois

You can improve your chances of fair compensation after a forklift accident by taking immediate action. Follow these steps as soon as possible.

• Go to the hospital for immediate treatment, such as Northwestern Memorial Hospital or Alexian Brothers Hospital.
• Take photos and videos of the accident scene, including any hazards that may implicate another party in the accident.
• Report the accident to your supervisor or the property manager as soon as possible. 
• Get contact details for everyone present at the accident.
• Keep track of all costs associated with the accident, including out-of-pocket expenses such as transportation.
• Retain your footwear, clothing, and personal protective equipment (PPE) as proof that these did not contribute to the resulting accident.
• Do not speak to insurance adjusters or any third parties without an attorney present.

Why You Need a Forklift Injury Attorney

Insurance companies and corporations will do everything possible to diminish their obligations to you, including claiming that you were primarily to blame for the accident. Additionally, there are often multiple liable parties, requiring careful coordination between everyone involved in the suit. 

Only a skilled attorney can accurately evaluate your damages, thoroughly investigate your case, and aggressively negotiate with insurers to ensure that you recover a fair settlement. 

Types of Forklift Accidents Typically Leading to a Settlement

Forklift accidents with clear liability, strong evidence, and significant injuries are more likely to result in a settlement. Common accidents include:

• Rollovers and tipovers with crush injuries
• Accidents related to poor hazard communication or unsafe work practices
• Pedestrian forklift accidents involving consumers
• Falling loads and unsecured materials
• Falls from height
• Collisions with other forklifts or objects
• Employer negligence, such as failing to check for forklift certification
• Manufacturer defects and product liability

How Common Are Forklift Accidents in Illinois?

According to OSHA, 7541 forklift accidents happened nationwide in 2024. Approximately 87 people die every year from forklift incidents, with thousands more injured. OSHA’s Chicago North office has reported 23 forklift-related incidents since 2002, while the Chicago South office has reported 43 forklift-related incidents during that same time period. 

Who Is Legally Liable for Forklift Accidents in Illinois?

Our attorneys will review your case to determine all individuals and agencies who can be held accountable. These can include the following defendants.

Property Owner: Under the Illinois Premises Liability Act, property owners must take reasonable care to prevent injury to any invitee, which includes contractors and construction companies (740 ILCS 130/2).

Property Management Companies: If a company is contracted to clear snow, clean debris, or maintain building infrastructure, it can be liable if negligent maintenance contributes to the incident. 

Company: If you are an employee of the responsible company, you can seek a workers’ compensation claim (820 ILCS 305/). This is a no-fault system, so it does not matter whether you were primarily responsible. 

General Contractors and Subcontractors: If unsafe work practices contributed to your injuries, general contractors, independent contractors, and subcontractors can all be held liable.

Manufacturers: Defective forklifts can lead to devastating injuries. Both forklift manufacturers and aftermarket accessory manufacturers can be liable depending on the specifics of your case. 

How a Chicago Forklift Accident Lawyer Can Help

The right attorney can make a significant difference in whether you receive full and fair compensation. We will guide you through every aspect of your case, including:

• Identifying potential defendants, such as companies and manufacturers.
• Investigating all facts of the case, including mitigating factors.
• Consulting with safety experts, doctors, and other professionals to understand the underlying cause of the incident.
• Preserving time-sensitive evidence like surveillance footage.
• Reviewing company documents, including maintenance records, inspection reports, incident reports, previous OSHA violations, and workflows.
• Managing communications with insurers, defendants, and experts.
• Evaluating all your damages, including future treatment and non-economic costs.
• Aggressively negotiating with insurance companies, forcing them to pay their fair share.
• If negotiations are unsuccessful, we will file a lawsuit and represent you in court.

Book a Free Case Evaluation

Contact us today to schedule your free consultation with skilled workplace accident lawyers in Chicago. You owe us nothing unless we win your case.