How to File a Forklift Accident Lawsuit in Illinois

If you or someone you love has been injured in a forklift-related incident, filing a forklift accident lawsuit may be the most effective way to seek justice and compensation.

Forklifts are essential tools in many industries across Illinois — from warehouses on the South Side of Chicago to construction sites in the suburbs and retail distribution hubs in Will County. But despite their importance, forklifts are among the most dangerous pieces of equipment in the workplace, causing thousands of severe injuries and fatalities every year. 

Our Chicago forklift accident lawyers understand the life-altering impact that forklift injuries can have. We are committed to helping forklift accident victims and their families hold negligent parties accountable and secure the fair compensation they deserve.

Our experienced forklift accident lawyers work with investigators, safety experts, and medical professionals to build strong cases for victims who have suffered severe injuries, including traumatic brain injuries (TBIs), spinal cord damage, internal, and crush injuries.

The Dangers of Forklifts in Workplaces and Public Areas

Forklift accidents aren’t limited to heavy industrial sites — they occur in a wide range of environments across Illinois, including construction sites, retail stores, loading docks, manufacturing plants, and public warehouses. 

According to forklift accident statistics by the Occupational Safety and Health Administration (OSHA), there are roughly 85 fatal forklift accidents each year in the U.S., and 34,900 serious injuries. In Illinois, especially in high-volume environments like Chicago’s industrial corridors and shipping yards, forklift-related accidents are a serious safety issue. 

Illinois employers are legally required to comply with federal OSHA standards and Illinois Occupational Safety and Health Act (820 ILCS 219/) guidelines, which regulate forklift operation, operator certification, maintenance, and training. When those standards are ignored, the risk of serious injuries or fatalities increases dramatically.

The dangers aren’t just limited to workers. Customers, vendors, or passersby can be injured by forklifts operating in retail or public spaces, making it possible to pursue a forklift accident lawsuit even if the injured person wasn’t employed at the site.

Common Causes of Accidents Involving Forklifts 

Forklift accidents can happen for many reasons, but most are preventable. In our experience handling forklift accident lawsuits across Illinois, the following are the most common causes:

Forklift Operator Negligence

Many forklift accidents stem from driver error. This includes:

• Speeding or reckless operation
• Sharp or unstable turns
• Overloading the forklift
• Distracted or impaired operation
• Inadequate training or certification
• Failing to warn pedestrians nearby

Employer or Workplace Negligence

Employers have a duty to maintain a safe environment. Liability often arises from:

• Lack of proper training or supervision
• Poor maintenance of forklifts
• Unsafe traffic patterns in warehouses or job sites
• Pressure to meet unreasonable deadlines, leading to rushed work

Product Defects

Some forklift-related accidents are caused by flaws in the design or manufacturing of the equipment. Defects may include:

• Poor stability or balance
• Missing safety features (like seatbelts, guardrails, or alarms)
• Faulty brakes, hydraulics, or controls

Whether the forklift accident occurred due to operator error, employer negligence, or a defective forklift, determining the root cause is key to building a strong case and identifying all liable parties. 

Types of Forklift Accidents

Forklift accidents can take many forms, but a few specific types account for most serious injuries and fatalities across Illinois job sites and commercial locations. These are the scenarios we most commonly see in forklift accident cases:

Tip-Overs and Rollovers

Forklifts can become unstable, especially when turning with a raised load, operating on inclines, or carrying unbalanced weights. Tip-overs often result in crush injuries, broken bones, or even fatalities when the forklift operator is pinned beneath the machine. According to forklift accident statistics by OSHA, tip-overs account for 24% of all forklift accidents, but 42% of forklift accident injuries.

Striking Pedestrians or Workers

In busy workplaces—especially warehouses, loading docks, or large retail stores—forklift drivers may strike coworkers or bystanders due to blind spots, poor visibility, or lack of warnings.

Forklift accident statistics reveal that, while pedestrians are involved in about 1 in 5 forklift incidents, they account for more than a third of all forklift-related fatalities. These accidents take several dangerous forms, including:

• Pedestrians crushed against a fixed structure by a moving forklift — representing roughly 25% of reported forklift injuries
• Pedestrians struck or run over by the forklift itself — about 11%
• Victims pinned between two vehicles, one of which is a forklift — another 11%
• Forklifts tipping over or falling onto a pedestrian — approximately 8%

Falling Materials

Improperly loaded pallets or unsecured cargo can fall from raised forks, causing head injuries, spinal trauma, or TBIs to workers nearby.

Crush Incidents

Workers can be pinned between a forklift and a wall, rack, or another object. These are among the most severe forklift accident injuries, often resulting in amputations or internal injuries.

Falls from Elevated Forks or Platforms 

Standing on raised forks or makeshift platforms is a known hazard. When a fall occurs from height, victims may suffer severe injuries, permanent disability, or death.

Understanding how the forklift accident happened is critical in proving fault and pursuing a forklift injury lawsuit in Illinois courts. 

Common Forklift Injuries Sustained by Victims

The injuries resulting from forklift accidents are often catastrophic, especially when heavy machinery is involved in a crush or impact scenario. In Illinois, we’ve handled forklift accident lawsuits involving a wide range of traumatic injuries, many of which require long-term care and lead to disability.

Some of the most common forklift accident injuries include:

• Fractures and Broken Bones – Often the result of falls or being struck or crushed by equipment. These can include shattered limbs, complex fractures, and long-term mobility issues.
• Amputations – When a limb is caught between a forklift and another object, or mangled in the machinery, traumatic amputations may occur. These are life-altering injuries requiring extensive surgery and rehabilitation.
• Traumatic Brain Injuries (TBIs) – Caused by falls, falling loads, or blunt-force impacts. TBIs range from concussions to severe brain trauma and often result in long-term cognitive, emotional, or behavioral changes.
• Spinal Cord Injuries – Falls from elevated platforms or being struck by a forklift can damage the spinal cord, leading to partial or complete paralysis.
• Internal Injuries – Crush incidents and falls can cause hidden injuries to organs, which may not be immediately visible but require emergency surgery and ongoing care.
• Severe Lacerations and Disfigurement – Sharp edges, broken components, or jagged metal can cause deep cuts, nerve damage, and permanent scarring.

These types of injuries can result in massive medical expenses, lost wages, and long-term pain. Our law firm has helped numerous victims of forklift accidents in Chicago and across Illinois recover compensation for these serious injuries and their lasting effects.

Who Can Be Held Responsible for a Forklift Accident?

Determining liability in a forklift accident lawsuit is often complex. In Illinois, multiple parties may be responsible depending on how the accident occurred, the condition of the equipment, and the safety of the workplace. We thoroughly investigate every angle to identify all legally responsible parties and hold them accountable.

Forklift Operator and Employer Negligence

The forklift operator is often at the center of the investigation. If the driver was speeding, distracted, untrained, or impaired, they may be personally liable for injuries caused. That said, under vicarious liability laws in Illinois, the forklift operator’s employer may also be responsible for the driver’s actions while on the job.

Employers can also be directly liable for:

• Failing to provide proper training (in violation of OSHA and Illinois OSH Act standards)
• Ignoring safety regulations
• Forcing employees to operate forklifts that are defective
• Failing to maintain a safe, organized workspace

Property Owner Liability

If the forklift accident occurred on someone else’s property—such as a warehouse, retail store, or logistics facility—the owner may be liable for unsafe conditions. Under Illinois premises liability law (740 ILCS 130/), property owners have a duty to keep their premises reasonably safe for workers, vendors, and visitors.

Manufacturer Product Defects

If a forklift accident was caused by a design flaw or mechanical failure, the forklift manufacturer or designer may be held liable through a product liability claim. Common issues include:

• Unstable design leading to rollovers
• Missing safety features (doors, restraints, alarms)
• Mechanical failures due to defective parts

Illinois follows strict liability for defective products, meaning a plaintiff doesn’t need to prove negligence—only that the product was unreasonably dangerous and caused the injury.

Third-Party Negligence

Other parties may also share blame, including:

• Maintenance companies that improperly serviced the forklift
• Outside contractors working in the area
• Freight companies or vendors who created unsafe conditions

Our experienced forklift accident lawyers know how to identify and pursue all liable parties to ensure victims receive full compensation.

Legal Options for Injured Workers 

If you have sustained workplace injuries in a forklift accident as an employee in Illinois, you may have more than one path to recovery. Understanding the difference between workers’ compensation and third-party forklift lawsuits is key to pursuing the full amount of compensation you deserve.

Workers’ Compensation

In Illinois, most injured workers are covered by the Illinois Workers’ Compensation Act (820 ILCS 305/). This system provides benefits regardless of fault, meaning you don’t have to prove your employer did anything wrong.

Benefits may include:

• Immediate medical attention and coverage of all related medical costs
• Wage replacement (usually 2/3 of your average weekly wage)
• Disability benefits for partial or total incapacity
• Vocational rehabilitation if you’re unable to return to your previous job

However, workers’ compensation also limits your options. You generally cannot sue your employer for negligence in a personal injury forklift lawsuit, even if they failed to follow safety protocols.

Third-Party Accident Lawsuit

In some forklift accident cases, another party aside from your employer may be responsible. This opens the door to filing a personal injury forklift accident lawsuit for damages not covered by workers’ comp, such as:

• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Full wage loss and future medical expenses 

Potential third-party defendants may include:

• The manufacturer (for product defects)
• The owner of the premises (if unsafe conditions contributed to the accident)
• An outside contractor or vendor who created a hazard on-site
• A maintenance company that failed to properly inspect or repair the forklift

Our law firm regularly coordinates both workers’ compensation claims and third-party forklift accident lawsuits, ensuring our clients recover from all possible sources.

Legal Options for Non-Workers Injured by Forklifts

You don’t have to be an employee to suffer serious harm in a forklift accident. In Illinois, customers, vendors, delivery drivers, inspectors, and other visitors are often present in areas where forklifts operate. 

Common scenarios involving non-employee victims include:

• A customer in a big box store struck by a reversing forklift
• Forklift truck accidents where a delivery driver is injured by falling cargo due to improper loading
• A vendor or contractor pinned by a forklift in a shared workspace
• A visitor tripping on damaged flooring created by forklift traffic

When a forklift accident happens due to negligence, non-workers have the right to file a personal injury lawsuit against the responsible parties, such as:

• The forklift operator
• The forklift operator’s employer or business (e.g., a warehouse, store, or distribution center)
• The owner of the premises 
• The manufacturer, if equipment failure was involved

Unlike injured employees, non-workers are not limited to workers’ compensation. You can seek full damages in court, including:

• Past and future medical costs
• Lost income and reduced future earning ability
• Pain and suffering
• Lifelong disability or disfigurement
• Emotional distress

Our firm has handled many forklift-related injury claims involving non-workers and understands how to prove liability and obtain fair compensation under Illinois law. 

Investigating the Accident and Proving Fault

To succeed in a forklift accident lawsuit in Illinois, it’s not enough to know that the accident happened — you need to prove how and why it happened, and who is responsible. A comprehensive investigation is critical to identifying liable parties and building a strong forklift accident lawsuit for compensation.

Our law firm takes the following key steps in forklift accident investigations:

• Inspecting the Forklift – We examine the equipment for signs of mechanical failure, poor maintenance, or missing safety features. In forklift injury lawsuits involving product defects, we coordinate expert analysis to support a potential product liability claim.
• Documenting the Scene – We collect photographs, measurements, and physical evidence from where the accident occurred, whether that’s a warehouse in Chicago, a construction site in Aurora, or a retail center in Joliet.
• Reviewing Maintenance and Safety Records – We examine maintenance logs, OSHA inspection reports, and compliance with Illinois OSHA requirements.
• Analyzing Forklift Operator History and Training – We obtain the forklift operator’s certification records, training history, and employment file to determine if the employer met safety standards.
• Gathering Witness Statements – Testimonies from co-workers, customers, or supervisors can provide critical insight into how the accident unfolded.
• Obtaining Surveillance Footage – Many modern workplaces have cameras that capture the moments before and during an incident — powerful evidence in a forklift injury lawsuit.
• Preserving Medical Evidence – We collect medical records, bills, and expert testimony to prove the extent of your serious injuries, such as spinal cord injuries, internal trauma, or TBIs.
• Consulting Experts – We work with accident reconstruction experts, forklift engineers, and workplace safety consultants to explain how the accident happened and why it was preventable.

In Illinois, the burden of proof in a forklift injury lawsuit lies with the victim. Our job is to gather the evidence needed to meet that burden and present a compelling case for maximum compensation.

Filing a Forklift Accident Lawsuit in Illinois

Once liability is established, the next step is to formally file a forklift accident lawsuit. Whether you’re pursuing a personal injury, product liability, or wrongful death claim, Illinois has specific legal procedures and timelines that must be followed.

Step 1: Determining the Right Type of Claim

Depending on the facts, your forklift accident lawsuit may involve:

• Negligence (against a forklift operator, employer, or owner)
• Product liability (against a manufacturer or distributor)
• Premises liability (against a property owner)
• Wrongful death (filed by surviving family members)

Our forklift accident lawyers assess the cause of the incident and file the appropriate claim or combination of claims under Illinois law.

Step 2: Filing the Complaint

We file your forklift injury lawsuit in the correct Illinois circuit court — often in Cook County, DuPage County, or wherever the accident occurred. The complaint outlines the facts, legal basis for the claim, injuries suffered, and damages sought.

Step 3: Discovery and Evidence Gathering

After filing, both sides exchange evidence through discovery. This includes documents, depositions, expert reports, and medical treatment records. We continue to strengthen your forklift injury lawsuit while preparing for potential trial or settlement negotiations.

Step 4: Settlement or Trial

Many forklift accident lawsuits settle before trial, but we prepare every case as if it’s going to court. If no fair settlement is offered, our forklift accident lawyers are ready to present your case before a judge or jury.

Compensation Available for Forklift Accident Injuries

Victims of forklift accidents often face overwhelming medical bills, lost income, and lasting disabilities. In Illinois, injured individuals (or their families) may recover compensation through a forklift accident lawsuit for both economic and non-economic damages, depending on the severity of the injuries suffered and the circumstances of the accident.

Damages for Medical Costs and Lost Wages

Forklift injuries often lead to long hospital stays, surgeries, physical therapy, and long-term rehabilitation. Your claim can include:

• Past and future medical bills (e.g., emergency care, surgeries, hospital stays, rehab, medications, assistive devices)
• Lost earnings due to time missed from work
• Reduced earning capacity if you can’t return to your prior job or suffer lifelong disability
• Home or vehicle modifications required due to injury-related limitations

Our forklift accident lawyers work with medical experts and life care planners to project the full scope of your future medical costs and financial losses.

Damages for Pain, Suffering, and Permanent Disability

Illinois law allows victims to pursue non-economic damages, which can be substantial in serious or forklift injury lawsuits. These damages may include:

• Physical pain and suffering
• Emotional distress, including anxiety, depression, and PTSD
• Disfigurement from burns, amputations, or lacerations
• Loss of normal life, or the inability to enjoy activities you once could
• Permanent injuries that impact day-to-day functioning or quality of life

These damages are especially critical for victims who have sustained severe injuries and life-altering conditions.

Wrongful Death Claims

If a fatal forklift accident happened, surviving family members may file a wrongful death lawsuit. Compensation may include:

• Funeral and burial costs
• Loss of financial support the deceased would have provided
• Loss of companionship, guidance, and care
• Grief and emotional suffering of surviving next of kin

In some cases, punitive damages may also be pursued if the conduct leading to the accident was especially reckless or intentional.

Our goal is to ensure that every client receives compensation that reflects the full extent of their resultant injuries, losses, and long-term needs.

Handling Fatal Forklift Accidents and Wrongful Death Claims

When a forklift accident results in a fatality, the emotional and financial toll on a family is immeasurable. Our law firm helps surviving family members pursue justice through a wrongful death action, holding negligent parties accountable and seeking compensation for the devastating loss.

In Illinois, we’ve handled fatal forklift accident lawsuits involving:

• Forklift tip-overs, where the operator was crushed beneath the machine
• Pedestrians struck in warehouses or retail stores
• Falls from elevated platforms
• Cargo collapses that fatally injured nearby workers

Under the Illinois Wrongful Death Act (740 ILCS 180/), a claim must be filed by the personal representative of the deceased person’s estate — often a spouse, adult child, or parent. The forklift accident lawsuit is brought on behalf of the deceased’s next of kin, such as:

• Spouse
• Children
• Parents
• Siblings (in some cases)

These cases require immediate investigation to preserve evidence, identify all responsible parties, and file within the required two-year statute of limitations under Illinois law. Our team approaches fatal forklift accident lawsuits with the compassion and attention they deserve, while aggressively pursuing justice for the family left behind.

Why Hire Experienced Forklift Accident Attorneys?

Forklift accident lawsuits are rarely straightforward. They involve a mix of workplace regulations, complex machinery, multiple potential defendants, and catastrophic or fatal injuries. If you’re seeking full compensation after a forklift accident in Illinois, hiring an experienced forklift accident lawyer is essential.

An injury involving a forklift truck requires far more than filing paperwork. Forklift accident lawsuits often involve:

• OSHA violations
• Manufacturer liability
• Conflicting accounts between forklift operators, employers, and premises owners
• Disputes between workers’ compensation and third-party claims
• Complex medical evidence and long-term disability assessments

Without experienced legal representation, victims may settle for far less than their case is worth, or miss critical deadlines altogether.

Our Chicago-based law firm has handled numerous forklift accident lawsuits involving:

• Crush injuries, TBIs, and spinal cord damage
• Product defects in forklifts lacking proper safety features
• Negligent employers and unsafe job sites across Illinois
• Wrongful death claims for families who lost loved ones to preventable accidents

We partner with engineers, OSHA consultants, accident reconstruction experts, and medical specialists to fully investigate every case. Our forklift accident lawyers know how to build a strong legal strategy, negotiate aggressively, and — when needed — take the forklift accident lawsuit to trial.

Whether the accident occurred on a construction site in Cook County, a warehouse in DuPage, or a retail store in the city of Chicago, we’re prepared to help you file a forklift injury lawsuit, protect your rights, and fight for the full compensation you’re owed.

How Our Law Firm Builds Successful Forklift Accident Cases

At Rosenfeld Injury Lawyers, we don’t take a one-size-fits-all approach to forklift accident lawsuits. Every case is built from the ground up — starting with evidence, supported by experts, and tailored to reflect the real impact the injury has had on your life or your family’s future.

Here’s what we do for every forklift accident lawsuit:

• Immediate Investigation – We secure the forklift, visit the accident scene, gather physical evidence, and interview witnesses before anything is lost or altered.
• Expert Collaboration – We work with leading experts in forklift safety, engineering, OSHA compliance, and accident reconstruction to prove exactly how the incident happened and who is responsible.
• Detailed Medical Documentation – Our team gathers and organizes your medical treatment records and prognosis to demonstrate the full scope of your injuries, disability, or future medical bills.
• Identifying All Liable Parties – Whether it’s a negligent employer, manufacturer, maintenance contractor, or premises owner, we name every party that contributed to your injury.
• Maximizing Compensation – We calculate not only your lost income and medical bills, but also pain and suffering, future care needs, emotional distress, and loss of earning capacity.

We’ve successfully handled forklift accident lawsuits involving everything from tip-overs and pedestrian strikes to defective forklift designs. Our forklift accident lawyers are known throughout Chicago and the surrounding counties for their thorough case work, strong negotiation skills, and ability to take complex cases to trial when necessary.

We’re not here to settle quickly — we’re here to get results that reflect the full value of what you’ve lost and what your recovery requires.

Frequently Asked Questions About Chicago Forklift Accidents

What Should I Do Immediately After Being Injured in a Forklift Accident at Work or as a Customer?

Seek immediate medical treatment, even if injuries seem minor. Internal damage and traumatic injuries may not be obvious at first. 

Report the incident to your employer, site manager, or owner right away. Document the scene: take photos, gather witness names, and keep any equipment involved preserved, if possible.

Do not give statements to insurance adjusters or sign any documents without speaking to an attorney. Contact a forklift accident lawyer as soon as possible to protect your rights.

Can I File a Forklift Accident Lawsuit if I Was Receiving Workers’ Compensation Benefits?

Yes — workers’ compensation covers medical care and partial wage loss, but it doesn’t prevent you from filing a third-party lawsuit if someone outside your employer (like a manufacturer, subcontractor, or premises owner) contributed to the accident. A forklift accident lawyer can help you pursue both claims without risking your workers’ comp benefits.

How Are Settlements Typically Calculated in Serious Forklift Injury Cases?

Settlements are based on several factors, including:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Extent of disability or disfigurement
• Liability and strength of the evidence

Every case is unique. Forklift accident settlements in Illinois often range from tens of thousands to several million dollars depending on the severity of the forklift accident injuries and who is held liable.

What if the Forklift Accident Was Caused by a Known Defect in the Machine?

You may have a valid product liability claim against the manufacturer, distributor, or even a maintenance contractor. Illinois applies strict liability, meaning you don’t need to prove negligence — just that the forklift was defective and caused your injury. Common defects include lack of safety features, poor design, and mechanical failure.

How Long Do I Have to File a Forklift Accident Lawsuit in Illinois?

For personal injury claims, you generally have 2 years from the date the injury occurred (735 ILCS 5/13-202). The same applies to wrongful death claims. For workers’ compensation claims, you must notify your employer within 45 days, and formally file within 3 years of the accident or last compensation payment.

Because deadlines can vary depending on the facts, it’s best to speak with a Chicago forklift accident lawyer as soon as possible.

Contact Our Chicago Forklift Accident Lawyers for a Free Consultation

If you or someone you love has been injured in a forklift accident anywhere in Illinois — whether on the job, at a construction site, in a warehouse, or as a visitor at a retail location — you don’t have to navigate the legal process alone.

Our Chicago forklift accident lawyers have the experience, resources, and dedication to handle the most complex forklift injury lawsuits, including those involving TBIs, spinal cord damage, amputations, and wrongful death claims.

We offer:

• Free consultations with no obligation
• No legal fees unless we win your case
• Full case evaluation and liability review
• Help with both workers’ compensation and third-party forklift accident lawsuits
• Aggressive pursuit of fair compensation for your medical costs, lost income, pain and suffering, and long-term care needs

Don’t wait — the sooner we begin investigating, the stronger your forklift accident lawsuit will be.Call us today at (888) 424-5757 or fill out our contact form to speak with an experienced forklift accident lawyer. We’re here to protect your rights and fight for the recovery you deserve.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.