Last month. UPS distribution center near Midway. Guy's walking through the warehouse doing his job when a forklift backs into him at full speed. Driver never looked. Never honked. Just kept going in reverse.
Knocked this guy ten feet. Crushed his leg against a pallet. Fractured femur, torn ligaments, six months before he could walk normal again.
You know what the warehouse told him? "Forklifts have the right of way. You should have been more careful."
That's garbage. And that's why I do this work.
I'm Scott DeSalvo, and I've been representing Chicago workers who got hit by forklifts for over 20 years. Warehouses in Joliet. Manufacturing plants in Cicero. Distribution centers all over Cook County.
Here's what people don't understand: A forklift accident isn't just a "workplace accident." It's a multi-ton vehicle hitting a human being. These cases involve serious injuries, complex liability, and companies that will do everything possible to avoid paying what you deserve.
But I know how these cases work. I know who's responsible. And I know how to make them pay.
A typical warehouse forklift weighs 9,000 pounds. That's 4.5 tons. Your car? Maybe 3,500 pounds.
Now imagine 9,000 pounds moving at 10-15 miles per hour in a crowded warehouse. No seat belts for pedestrians. No protection. Just flesh and bone versus industrial equipment.
That's why forklift accidents cause such severe injuries:
According to OSHA, about 85 people die in forklift accidents every year. Another 34,900 get seriously injured. That's 95 serious forklift injuries EVERY SINGLE DAY in America.
This is the most common. You're walking through a warehouse or manufacturing plant. A forklift comes around a corner, backs up, turns—and hits you.
Why it happens:
Tommy worked at a manufacturing plant in Bedford Park. Forklift operator was rushing to meet a deadline. Came around a blind corner at full speed. Hit Tommy from the side. Fractured pelvis, broken ribs, permanent hip problems.
We sued both the plant (for inadequate safety measures and pushing impossible deadlines) and the forklift manufacturer (for lack of adequate warning systems). Tommy got $1.4 million.
Forklifts have a high center of gravity. When they're carrying a load, especially a high load, they can tip over. When that happens to a forklift weighing 9,000 pounds? Catastrophic.
Why they tip:
If you're the operator, you can get crushed when it tips. If you're nearby, several tons of forklift and cargo can land on you.
Mike was operating a forklift at a warehouse in Romeoville. Took a turn with a fully loaded pallet at the top of the mast. Forklift tipped. Mike wasn't wearing his seatbelt (common in warehouses despite OSHA requirements). Got thrown out. Forklift landed on his leg. Crushed it. Had to be amputated below the knee.
We proved the warehouse didn't enforce seatbelt rules, didn't properly maintain the forklift (worn steering components contributed to the tip), and pushed workers to move faster than was safe. Mike got $2.8 million. But he'd give every penny back to have his leg.
Forklifts have massive blind spots. Directly behind. Both sides when carrying a tall load. Sometimes even in front when the load blocks the operator's view.
You can be standing still, doing your job, and the forklift operator literally cannot see you.
Blind spot accidents happen because:
Lisa worked at an Amazon fulfillment center in Joliet. Standing next to a rack, scanning items. Forklift operator backed up. Lisa was directly in the blind spot. Forklift pushed her into the rack. Crushed her torso against metal shelving. Multiple broken ribs, collapsed lung, months in the hospital.
Amazon's third-party contractor operated the forklifts. We sued both Amazon (for inadequate safety protocols) and the contractor (for poor training and missing safety equipment). Lisa got $1.9 million. She still has breathing problems and chronic pain.
Using a forklift to lift workers? It's common in warehouses and manufacturing. It's also incredibly dangerous.
OSHA has strict rules about this. You need a work platform designed for that purpose. You need fall protection. You need specific procedures.
Most places ignore all of it. They just tell someone to stand on a pallet, lift them 20 feet in the air, and hope nothing goes wrong.
When something goes wrong 20 feet up, people die.
This is where forklift cases get interesting—and where you need a lawyer who knows what they're doing.
If the operator was negligent—driving recklessly, not looking, distracted, untrained—they're liable. But here's the thing: individual workers usually don't have insurance or assets worth going after.
That's why we go after bigger targets.
If the operator works for your employer, you typically can't sue your employer. Workers' comp is your remedy. That covers medical bills and partial wages, but not pain and suffering or full compensation.
But we're not done.
Huge numbers of forklift operators are temp workers. If the operator who hit you works for a staffing agency, we can sue that agency for:
I've sued staffing agencies many times. They're often easier targets because their recordkeeping is sloppy and their training is inadequate.
When the forklift itself is defective, we sue the manufacturer. This includes:
Forklift manufacturers have huge insurance policies. These cases can be worth serious money.
Separate companies often maintain forklifts. When they:
They're liable.
If you don't work directly for the company that owns the building where the accident happened, that property owner can be liable for:
Insurance companies will try to lowball you. They'll offer a quick settlement before you even know how bad your injuries are.
Don't take it. Here's what I fight to get for you:
Medical Expenses: Every penny. Emergency room, ambulance, surgery, hospital stays, physical therapy, medications, future medical care. Not just what you've spent—what you'll need for life.
Lost Wages: Every dollar you missed from work. Including overtime, bonuses, benefits.
Future Lost Earning Capacity: If you can't do your old job anymore because of permanent injuries, I get you compensated for that lost income for the rest of your working life. This can be hundreds of thousands of dollars.
Pain And Suffering: The physical pain. The emotional trauma. The depression and frustration. Under Illinois law, this matters and deserves compensation.
Disability And Disfigurement: Permanent injuries, scars, limited mobility—all compensated.
Loss Of Enjoyment Of Life: Can't play with your kids? Can't do hobbies? Can't enjoy life like you used to? That has value.
Based on 20+ years handling these cases:
These are real numbers from real cases I've handled.
The federal government has strict rules about forklift safety. When companies violate these rules, it helps prove they were negligent.
Key OSHA requirements:
Operator Training (1910.178) - All forklift operators must be trained and certified. Not a 20-minute video. Actual classroom instruction PLUS hands-on training PLUS evaluation. Companies violate this constantly.
Seatbelts - Operators must wear seatbelts. Period. No exceptions. Many warehouses don't enforce this.
Horns And Warnings - Operators must use horns at intersections, blind corners, when backing up. Most don't.
Pedestrian Safety - Employers must keep pedestrians away from forklift operating areas through designated walkways, barriers, or traffic control systems.
Load Limits - Forklifts have weight ratings. Exceeding them causes tip-overs. Happens all the time when companies push speed over safety.
Maintenance And Inspection - Daily pre-shift inspections required. Many companies skip them or fake the documentation.
When I can show OSHA violations, juries listen. It's powerful evidence that the company put profits over your safety.
Even if you think you're okay. Internal injuries don't always show symptoms immediately. Go to the ER.
Good Chicago-area hospitals for trauma:
Tell doctors EXACTLY what happened and EVERY symptom.
You have 45 days under Illinois law, but don't wait. Tell your supervisor now. Get it in writing. Make sure they file an accident report and you get a copy.
If you're able:
Evidence disappears fast. Get photos NOW.
They'll call. They'll be friendly. Don't talk to them. Everything you say will be used against you.
Just say: "I need to speak with my lawyer first."
The sooner you call, the better. I need to:
Call me right now. Day or night. The call is free. The consultation is free. You don't pay me anything unless I win.
I've handled hundreds of forklift accident cases. I know the OSHA regulations. I know the common causes. I know the insurance company playbook. I know how to win.
Real people. Real cases. Real money that helped them rebuild their lives.
No money upfront. No money while I work on your case. I only get paid when YOU get paid. If I don't win? You owe me nothing.
Forklift accidents don't wait for business hours. Neither do I. Call me any time: 312-500-4500
What if the accident was partly my fault?
Illinois law says you can still recover money if you're less than 51% at fault. Your compensation gets reduced by your percentage of fault, but you still win. Even if you made a mistake, defective equipment, inadequate training, or unsafe conditions can make others liable too.
Can I sue the forklift operator who hit me?
Technically yes, but individual workers rarely have insurance or assets worth going after. I focus on the bigger targets: employers, staffing agencies, manufacturers, maintenance companies.
What if I was operating the forklift when it tipped?
You can still get workers' comp. And if the forklift was defective, or if your employer didn't train you properly or maintain the forklift, we can sue those parties. Not wearing a seatbelt doesn't necessarily bar recovery—especially if your employer didn't enforce seatbelt rules.
How long do I have to file?
Workers' comp: tell your employer within 45 days, file within 3 years. Lawsuits against other parties: usually 2 years. Call me today—don't wait.
What if I'm undocumented?
Your immigration status doesn't affect your right to workers' comp or to sue other companies. Your case is confidential. I've successfully represented many undocumented workers.
Warehouses - Joliet, Bedford Park, Elgin, Aurora, Romeoville, Naperville Manufacturing Plants - Cicero, Berwyn, Melrose Park, Franklin Park Distribution Centers - Near O'Hare, near Midway, throughout Cook County Construction Sites - All over Chicago and suburbs
Anywhere a forklift operates in the Chicago area, I represent workers who got hurt.
I watched my dad get hurt at work when I was a kid. Watched his lawyer treat him terribly. Watched his case drag on for 17 years. Watched the insurance company grind him down.
I became a lawyer so that would never happen to anyone I represent.
Getting hit by a forklift can change your life in an instant. The injuries are severe. The medical bills pile up. Your paycheck stops. And the insurance companies start circling, trying to pay you as little as possible.
You deserve someone in your corner who actually gives a damn.
That's me. Your fight is my fight.
Call me right now: 312-500-4500
Free consultation. Available 24/7. No money out of your pocket. I only get paid if I win your case.
You got hurt doing your job. Now let me do mine and fight for what you deserve.
For information about all types of industrial workplace injuries, visit our main Industrial Accident Lawyer Chicago page. If you work in a warehouse setting, see our Warehouse Injury Lawyer Chicago page for more specific information.
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
No Fee Unless You Win | Free Consultation | 24/7 Availability Call or Text: (312) 500-4500
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