Illinois Forklift Accident Lawyers

Dedicated Attorneys for Workers Crushed by Forklifts

Forklifts play a critical role in industries across Illinois, from manufacturing and construction to logistics and warehousing. These powerful machines are essential for moving heavy materials, but they also pose significant safety risks when not properly operated or maintained. Forklift accidents can lead to devastating injuries, permanent disabilities, and fatalities.

At John J. Malm & Associates, we understand the life-altering consequences that forklift accidents can have on injured workers and their families. Our skilled team of Illinois construction accident lawyers has decades of experience handling serious workplace injury cases, including those involving forklifts and other heavy equipment. We have successfully recovered millions in compensation for victims of negligence throughout Illinois. Whether you were injured at a warehouse, construction site, distribution center, or industrial facility, we’re here to help you pursue the justice and compensation you deserve. Our firm proudly serves clients in Chicago, Naperville, Aurora, Joliet, and communities throughout DuPage, Will, Kane, and Cook Counties.

The Scope of Forklift Accidents in the United States

Forklift accidents are alarmingly common in the United States. According to the Occupational Safety and Health Administration (OSHA), nearly 85 workers are killed, and over 34,000 are seriously injured in forklift-related accidents each year. These machines are involved in about 1% of all workplace accidents but cause approximately 10% of all physical injuries on the job. The National Institute for Occupational Safety and Health estimates that nearly 20% of forklift accidents involve pedestrians being struck, while overturns (tip-overs) account for about 25% of incidents and roughly 42% of fatalities.

Forklift accidents can be costly—not just in terms of human life, but also financially. The average workers’ compensation claim involving a forklift accident is estimated at $41,000. Amputations resulting from such accidents average $126,000, while head injuries cost around $94,000 per claim. OSHA has found that up to 70% of forklift accidents could be prevented with proper training and safety procedures.

Forklift Accident Statistics in Illinois

In Illinois, the risk of workplace injury from forklift accidents is significant. According to the U.S. Bureau of Labor Statistics (BLS), there were 177 fatal workplace injuries in the state in 2022, with 75 of those deaths—about 42%—classified as transportation incidents. These include forklift-related accidents, especially in industries like construction, warehousing, and manufacturing.

The most recent BLS data for 2023 shows 145 total workplace fatalities in Illinois, with 55 deaths related to transportation and material moving occupations. This category includes forklift operators. These workers face significant risks due to the nature of their jobs, which often involve working in tight spaces, around other workers, and near heavy equipment.

Warehouses and logistics centers throughout Illinois, particularly in areas like Joliet, Aurora, and the I-80 corridor, see a high volume of forklift traffic and related injuries. Illinois employers in these industries are frequently cited for violations related to powered industrial trucks, including inadequate training, failure to inspect forklifts before use, and unsafe operating procedures.

Common Causes of Forklift Accidents

Forklift accidents often result from a combination of human error, mechanical failure, and unsafe working environments. Here are some of the most common causes of forklift accidents:

1. Operator Error

Workers may lack proper training or ignore established safety protocols. Operating forklifts at excessive speeds, making sharp turns, or carrying unstable loads can all result in tip-overs or collisions. In many cases, employers fail to ensure that operators are certified, in violation of OSHA standard 29 CFR 1910.178(l), which requires comprehensive training and periodic evaluation of forklift operators.

2. Lack of Maintenance

Forklifts that are not regularly inspected or properly maintained can malfunction, leading to accidents. Common mechanical issues include brake failure, steering problems, and hydraulic system leaks. Employers are required to conduct pre-shift inspections and remove unsafe equipment from service, but these safety steps are sometimes overlooked.

3. Poor Workplace Design

The layout of a warehouse or job site can contribute to forklift accidents. Narrow aisles, blind spots, insufficient lighting, and poor signage can all increase the risk of collisions. Pedestrian workers are especially vulnerable when there are no designated walkways or warning systems in place.

4. Falling Loads

Improperly secured or unbalanced loads can fall off a forklift, striking nearby workers or crushing the operator. This is particularly dangerous when lifting materials to high shelves or when operating on uneven ground.

5. Failure to Use Safety Equipment

Operators not using seat belts, protective cages, or load backrests may be more severely injured in the event of a tip-over or crash. OSHA mandates the use of seat belts on all forklifts, but noncompliance remains a serious issue.

OSHA Regulations for Forklift Safety

The Occupational Safety and Health Administration (OSHA) has specific regulations governing the operation of forklifts, known formally as powered industrial trucks. These regulations are found under 29 CFR 1910.178 and require the following:

• Operators must be trained and certified before using a forklift.
• Employers must evaluate each operator’s performance at least once every three years.
• Forklifts must be inspected before each shift.
• Unsafe vehicles must be removed from service until repaired.
• Seat belts and other safety devices must be in working condition and used at all times.
• Employers must establish procedures to separate forklift traffic from pedestrians.

OSHA regularly inspects worksites and issues citations for noncompliance. Employers that fail to comply with forklift safety regulations may face significant fines and liability if an accident occurs.

Preventing Forklift Accidents

Preventing forklift accidents requires a combination of training, enforcement, workplace design, and equipment maintenance. Employers can take the following steps to reduce the risk of serious injuries:

• Training Programs: Ensure that all operators receive OSHA-compliant training and are certified before operating a forklift. Training should be site-specific and include refresher courses every three years or after an accident.
• Pre-Shift Inspections: Require operators to inspect forklifts before each shift. Check brakes, steering, warning devices, tires, and load-handling mechanisms.
• Designated Walkways: Install marked walkways and barriers to separate forklifts from pedestrians. Use mirrors and warning signals at intersections and blind spots.
• Load Management: Train operators to secure loads properly, avoid overloading, and use appropriate attachments for unusual materials.
• Enforcement and Accountability: Maintain clear written safety policies, enforce them consistently, and discipline violations. Encourage workers to report safety concerns without fear of retaliation.

According to OSHA, employers can save $4 for every $1 spent on safety training by preventing injuries, reducing downtime, and avoiding fines and lawsuits.

Legal Options for Forklift Accident Victims

Victims of forklift accidents in Illinois may be entitled to compensation through several legal avenues, depending on the circumstances of the incident.

Workers’ Compensation

Most employees injured in a forklift accident are eligible for workers’ compensation benefits, which may include:

• Medical expenses
• Temporary or permanent disability payments
• Vocational rehabilitation
• Survivor benefits in fatal cases

Workers’ compensation is a no-fault system, meaning you can receive benefits even if the accident was partly your fault. However, accepting workers’ comp generally prevents you from suing your employer.

Personal Injury Lawsuit

If a third party (such as a subcontractor, equipment manufacturer, or delivery company) contributed to the accident, you may have grounds for a personal injury lawsuit. In these cases, you may be able to recover compensation for:

• Pain and suffering
• Lost wages
• Medical costs not covered by workers’ comp
• Emotional distress
• Loss of enjoyment of life

If a defective forklift caused the accident, you may have a product liability claim against the manufacturer or distributor.

Wrongful Death Claim

If a loved one was killed in a forklift accident, surviving family members may file a wrongful death claim under Illinois law. These claims can provide compensation for funeral expenses, lost income, and the emotional loss of a loved one.

Contact our Award-Winning Illinois Forklift Accident Lawyers

At John J. Malm & Associates, we understand how devastating a forklift accident can be. Our experienced Illinois personal injury attorneys represent injured workers and their families throughout the state, including Chicago, Joliet, Naperville, and across Will and DuPage Counties. We have helped clients recover compensation for medical bills, lost income, permanent disabilities, and the wrongful death of loved ones caused by dangerous equipment or unsafe work environments.

If you or a loved one has been injured in a forklift accident, don’t wait. Our team will investigate the cause of the accident, determine liability, and fight to get you the compensation you deserve. We offer free consultations, and you pay nothing unless we win your case.

Contact John J. Malm & Associates today to schedule your free consultation. Let us help you get back on your feet and get the compensation you deserve.