Forklift Accident Workers’ Comp Claims in Illinois

A forklift accident workers comp claim pays your medical costs and a portion of your lost wages after a job injury, regardless of who was at fault. Forklift injury workers compensation is a no-fault system under Illinois law. If someone other than your employer contributed to the accident, a separate lawsuit may also be possible. 

Numerous industries in Illinois involve moving heavy materials, and one piece of equipment that can help with this task is a forklift. Unfortunately, the likelihood of a forklift accident resulting in serious injuries to a worker is substantial. If you get hurt in this type of accident while on the job, you can claim forklift injury workers’ compensation benefits. 

A Chicago forklift injury lawyer from our team can play a crucial role in helping you secure the benefits you deserve. Whether you are struggling to file your claim, appeal a rejection, or seek greater benefits, our law firm will investigate your claim and gather evidence to build a strong case. 

Who Can File a Workers’ Compensation Claim Following a Forklift Accident in Illinois?

Under the Workers’ Compensation Act (820 ILCS 305), any employee who gets hurt or ill while in the course of their duties can seek workers’ compensation insurance to cover their lost wages, medical expenses, disability payments, and other benefits. 

There are exceptions to this rule. An employer’s lack of insurance, self-inflicted injuries, employee violations, and employee intoxication may all disqualify you from eligibility for workers’ comp. Additionally, workers in certain industries are also not eligible for this type of insurance, such as farm workers, maritime workers, and railroad employees. 

Staffing Agency and Temporary Workers

Many warehouse forklift operators in Illinois are not hired directly by the company whose floor they work on. A staffing agency places them there, issues their paychecks, and, in most cases, carries the workers’ compensation insurance.

In that situation, staffing agency workers comp usually works this way: your forklift accident workers comp claim runs through the agency and its insurer. The company where you were placed, often called the host employer, is a separate question. Depending on how the staffing arrangement is structured and who controlled your daily work, you may be able to pursue the host employer as a third party.

No single rule fits every case. The answer depends on the contracts between the agency and the host employer and on the facts of your assignment.

After a forklift accident, write down the names of both employers: the agency that pays you and the company that runs the site where you were hurt. Having both names on record early helps protect every claim you may be able to file.

What Types of Forklift Injuries Are Covered by Workers’ Comp in Illinois?

Forklift accident injuries can be incredibly serious. Some accidents may lead to lifelong disabilities, especially those caused by rollovers or caught-between incidents. 

Here are some of the most common injuries suffered that lead to workers’ compensation for forklift accidents:

• Crush injuries from tip-overs
• Blunt-force trauma from being hit by a forklift
• Broken bones and contusions from falling materials 
• Repetitive stress from vibration and sudden jolts
• Traumatic brain injuries from falls or ejections
• Amputations and severe lacerations from getting caught in the equipment

What Types of Workers’ Comp Benefits Are Awarded in Forklift Accident Cases?

A forklift accident could have devastating consequences for the injured victim. If you are involved in this type of scenario, you could miss time at work during your recovery. In severe cases, your ability to do your job may be permanently diminished. 

Here are some of the benefits you may receive if you are hurt at work in a forklift accident:

• Lost income – If you have to miss work during your medical treatment, you can receive payments to help replace your salary
• Medical expenses – Payments for costs associated with diagnosis, treatment, surgery, and rehabilitation needed to reach maximum medical improvement
• Temporary total disability (TTD) – If you cannot work at all for a period of time, you can receive wage replacement
• Temporary partial disability (TPD) – If you are unable to complete the full scope of your regular job for a short time, TPD will make up for some of your wage losses
• Permanent total disability (PTD) – When the injuries cause a permanent disability that prevents you from working, you can receive ongoing compensation
• Permanent partial disability (PPD) – If the accident diminishes your potential earnings because of reduced abilities, workers’ comp can cover some lost income
• Vocational rehabilitation costs – A forklift accident that forces you into a new role or industry will make you eligible for the training costs required to secure a new role
• Death benefits – If the employee dies due to a forklift accident, the surviving family members can receive ongoing payments via death benefits

How Much Financial Compensation Can I Receive for a Forklift Injury?

A forklift accident at work can have physical, emotional, and financial ramifications. Let’s examine some typical ranges for the various benefits available through workers’ comp in Illinois:

For total disability payments, which may be either temporary or permanent, you will typically receive up to 2/3 of your lost income in regular payments. This also matches the traditional wage benefit during the recovery period. If the disability is permanent, the payments will be ongoing. 

For a permanent partial disability, the payments are primarily based on a disability rating. The more impaired you are because of the forklift accident, the more compensation you will receive. For example, if you experience a 10% loss in the use of your hands, it might equate to approximately six weeks of wages. 

Estimating your insurance benefits will depend on several factors, including your pre-injury wage, the severity of the impairment, and the need for retraining to continue working. Generally, the more the forklift accident affects your ability to return to your former work capacity, the more money you will receive. 

For case results and settlement values, including how third-party recoveries compare with scheduled loss benefits, see our page on forklift injury settlement amounts.

Can You Sue Your Employer? Workers’ Comp vs a Third-Party Claim

“Can I sue my employer for a forklift accident” is one of the most common questions injured workers ask. In most cases, the answer is no. Under the exclusive remedy provision of the Illinois Workers’ Compensation Act (820 ILCS 305/5(a)), workers’ comp is generally the only claim an employee can bring against their own employer for a work injury.

The trade-off is that you do not have to prove your employer was at fault. Exceptions to the exclusive remedy rule exist, but they are narrow and apply only in rare situations, such as when an employer specifically intended to injure the worker.

The exclusive remedy rule protects your employer. It does not protect every company connected to the accident. A third-party claim may be brought against:

• The forklift manufacturer, if a defect caused or contributed to the accident
• A maintenance or repair company that serviced the forklift
• The owner of the property where the accident happened
• Another contractor working on the same site
• A driver employed by a different company

A third-party lawsuit requires proof that the other party was negligent or that the forklift was defective. In return, it can recover damages that workers’ comp does not pay. The table below shows how a workers comp vs third party claim compares in a typical forklift accident claim:

In many cases, you can pursue workers’ comp benefits and a third-party case at the same time. To learn how that process works from start to finish, see our guide to the forklift accident lawsuit process.

How Long Do I Have to File a Workers’ Comp Claim?

Under 820 ILCS 305/6(d), injured workers are required to report their injuries to their employers within 45 days of the incident. If you plan to file for workers’ compensation for forklift incident injuries, you will have two years from the date of the last payment or three years from the injury to do so. 

It is crucial to understand these deadlines and their potential impact on your claim. If you wait too long to report an injury or file a claim, you may be ineligible for benefits. It is wiser to consult expert forklift accident lawyers as soon as possible to help you understand important timelines

Why You Need a Workers’ Compensation Attorney

Although employers are required to carry insurance in the event of workplace injuries, securing benefits through this insurance is not always straightforward. Multiple challenges may make it more difficult to receive what you deserve after a forklift accident at work. 

Here are some of the most common challenges associated with receiving fair compensation:

• Carriers will undervalue your disability rating to offer fewer benefits
• Disputes over maximum medical improvement and permanent partial disability with Chicago medical evaluators can hold up your claim’s progress or minimize the payout
• Obtaining vocational rehabilitation benefits can be complicated since you must prove you cannot return to your previous responsibilities
• Appealing denied or reduced claims means going up against an insurance carrier or pleading your case in an IWCC hearing (Illinois Workers’ Compensation Commission)

An experienced forklift accident lawyer can take on each of these challenges for you and keep your claim moving forward.

Common Carrier Defenses & How We Counter Them

Every insurance carrier would prefer to avoid large payouts, even for workers involved in a forklift accident. To this end, insurers will use common defenses and shady tactics to undermine your case. 

Let’s examine a few common defenses an insurance carrier may use to devalue your claim:

• They will claim your injury is pre-existing and not a result of the forklift accident
• They will argue that you are able to return to work despite your claims that you are not
• They will dispute medical necessity for some of your medical expenses

IL Work Injury Lawyer knows how to counter these defenses. Your workers’ compensation attorney will utilize independent medical examination records, vocational experts, administrative judge appeals, witness statements, incident reports, and other forms of evidence to construct a robust case and advocate for full medical benefits following your forklift accident. 

How to Strengthen Your Forklift Injury Workers’ Compensation Claim

Building a strong claim after a forklift accident begins the moment you are hurt while on the job. Every step you take from this moment on can have an impact on your case, so it is crucial to know what to do. 

Here are the steps you should follow immediately after the forklift accident occurs:

• Report the incident right away and follow the process your employer has laid out
• Seek immediate medical attention to get accurately diagnosed and establish a paper trail for your claim
• Document all medical visits and retain your medical records
• Keep copies of all reports and correspondence related to your forklift accident claim
• Provide a clear description of your role and names of witnesses to the accident
• Avoid posting about the forklift accident or your injuries on social media
• Do not accept a lump-sum buyout before speaking to a qualified attorney
• Consult a top-rated workers’ comp lawyer in Chicago to discuss your legal options

Two more steps can strengthen your forklift accident workers comp claim and any related third-party case:

• Ask for the forklift operator’s training and certification records. OSHA’s powered industrial truck standard, 29 CFR 1910.178, requires employers to certify that each operator has been trained and evaluated. Learn what to look for in forklift operator certification records.
• Write down every company involved: your employer, any staffing agency, the site owner, and any equipment rental company.

How IL Work Injury Lawyer Can Help

A workers’ compensation lawyer from our firm can provide valuable services to ensure you receive the benefits you deserve after a forklift accident, especially if you are pursuing a third-party personal injury lawsuit.

First, we will assist you in filing and prosecuting your claim through the IWCC. You won’t have to navigate medical evaluations or impairment ratings alone when you work with our team. We will also help negotiate for a better settlement from the insurance company. If litigation is required to obtain full PPD or PTD benefits, we will represent you in court. Our firm will ensure you receive compensation for vocational rehab and retraining. 

Our attorneys handle workers compensation claims for injured employees throughout Illinois, from the first filing through appeals before the IWCC.

Lastly, if the forklift accident victim suffered fatal injuries, we will provide compassionate legal support to the family as they seek death benefits. 

FAQs

Can workers injured by a forklift file for both workers’ comp and a lawsuit?

It is possible to benefit from workers’ compensation claims while also seeking additional damages via an injury lawsuit. Often, the limits of these claims mean employees are not receiving the same amount that they are losing during their recovery. 

IL Work Injury Lawyer can help you claim additional coverage for medical bills, lost income, and emotional damages beyond what workers’ compensation covers. 

When a third-party lawsuit succeeds, the workers’ comp insurer usually has a workers comp lien on the recovery for the benefits it has already paid (820 ILCS 305/5(b)). The amount of this subrogation lien can often be negotiated.

What if the forklift operator was unlicensed or improperly trained?

This would be an example of negligence on the part of both the employer and the employee. The employer may be at fault for not enforcing OSHA standards of certification. At the same time, forklift operators may be liable because they should have known they were not qualified to operate the forklift. 

Do catastrophic injuries qualify for additional disability benefits?

Major injuries can lead to eligibility for disability payments in workers’ compensation claims. Disabilities will have an impact on the rest of the victim’s life, while total disabilities may prevent them from ever working again. 

Forklift accident lawyers can help you build a strong case for benefits for disabilities, whether you are pursuing a workers’ comp package or an injury claim. 

How long does it take to receive these benefits after a powered industrial truck injury?

Compensation after a worklift accident will start accruing after a three-day waiting period following your injury. However, if you miss work for more than 14 days, the employer must cover the first three days. Benefits should arrive on the same schedule as your pay. 

For workers’ compensation claims that involve settlements, it could take several months or up to a year for injured employees to receive their payouts. 

What should I do if I was partially at fault in the forklift accident?

Fortunately, workers’ compensation claims do not require proof of fault, unless the employee is violating protocols or intoxicated at the time of the accident. If you pursue a third-party lawsuit for additional compensation, you will need to prove that you are no more than 50% responsible for the incident to recover damages (state law 735 ILCS 5/2-1116).

Do injured forklift operators need to report their injury to receive compensation?

Yes, you must always report your forklift incident injury to your employer within 45 days to have a chance of receiving benefits. Even if you are at fault for the forklift accident, you must still report it for the purposes of a potential claim. 

How much does a workers’ compensation attorney cost?

At IL Work Injury Lawyer, we work on a contingency fee basis. This means there are no upfront costs associated with using our services. Instead, our Chicago workers’ compensation lawyers only receive payment from the settlement amount if we win your case. 

This ensures you can pursue monetary compensation freely without adding to your financial burden after the forklift accident. 

Can I be fired for filing a workers’ comp claim after a forklift accident?

No. Illinois law makes it unlawful for an employer to fire, threaten to fire, or otherwise punish a worker for exercising rights under the Workers’ Compensation Act (820 ILCS 305/4(h)). If you were fired or demoted because you filed a claim, that retaliation may support a separate retaliatory discharge claim against your employer.

I work through a staffing agency. Who do I file with?

In most cases, you file with the staffing agency, because the agency usually carries the workers’ comp insurance for the workers it places. Report the injury to both the agency and your site supervisor within 45 days. Depending on the arrangement, the company where you were placed may also face a separate third-party claim.

Book a Free Consultation

If you have suffered an injury on the job in Illinois, our law firm can help you secure every benefit you deserve under the law. Our forklift accident lawyers are prepared to investigate your claim, hold the negligent forklift operators and employers accountable, and obtain maximum workers’ comp benefits. 

When you work with our Chicago work injury lawyers, we don’t get paid unless you do. We also offer a free case evaluation, allowing you to ask questions about your serious injuries and the legal process. Whether you need to know more about what workers’ compensation covers or how to prove liability in an injury claim, our team has the experience you need. 

Contact us today to schedule your free consultation with an experienced workers’ compensation attorney. 

Legally Reviewed By
Attorney Jonathan Rosenfeld

Content legally reviewed by Jonathan Rosenfeld The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC. With extensive experience representing injured workers across Illinois, Mr. Rosenfeld is dedicated to helping workplace accident victims pursue the maximum compensation available under the law. His extensive legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.

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