When you get hurt at work in an accident, Workers’ Compensation may be able to cover the medical bills and lost wages. However, there are always damages that Workers’ Compensation leaves uncovered, and you may need to file a lawsuit to recover full compensation.
Our attorneys can work with your Workers’ Compensation attorneys to get you full damages for a forklift accident. In lawsuits against eligible parties, we may be able to recover damages for pain and suffering, emotional distress, and other damages outside of what insurance covers.
For your free case evaluation, call our forklift accident lawyers at Rhatigan Law Offices right away at (312) 578-8502.
Filing Workers’ Comp Claims for Forklift Accidents in Chicago
Workers’ Compensation covers most work injury cases, and most claims will start with a claim through that system. Our lawyers do not handle Workers’ Compensation claims, but we can work with that attorney to coordinate your case.
Filing
You start your case by providing your employer with notice of your injury. That must happen within 45 days. If they deny your claim, you can file a formal claim with the state within 3 years of your injury.
Covered Accidents
Any work-related accident is covered for employees. This should cover forklift accidents in warehouses and construction, since most warehouse workers count as employees and nearly all construction workers (even “contractors”) qualify as “employees” for Workers’ Comp coverage.
If you were injured by a forklift in another industry, your coverage will depend on your employee status. This is based not on your title or how you are paid, but instead on whether the employer has enough control over your manner and timing of work to consider you an “employee.”
Covered Damages
Workers’ Compensation claims usually pay 2/3 of your lost wages and all of your medical bills. They will not cover other economic damages (e.g., clothing or a cell phone damaged in the accident) and will not cover pain and suffering, emotional distress, or other “non-economic” damages.
Suing for Damages in a Forklift Accident in Chicago
Suing for work-related accidents can be tricky, but our forklift accident lawyers know how to handle these cases.
Who You Can Sue
Workers’ Compensation is sometimes called the “exclusive remedy” for work-related injuries, but this can be misleading. It prevents you from suing your employer, meaning you have to rely on Workers’ Compensation, but it does not stop you from suing outside parties.
This means you can still sue other parties, such as
- A delivery/supply company whose workers hurt you with a forklift
- Outside contractors/third-party operators
- The forklift manufacturer.
Although this rarely happens, you can also sue for a forklift accident that happens outside of work, e.g., if you get hit by a forklift while at a store or walking by a construction site. In that case, it is not a “work-related” accident and has no restrictions.
Damages You Can Claim
In an injury lawsuit, you can sue for any damages you suffered because of the accident. This often includes
- Medical bills
- Lost wages
- Pain and suffering
- Other non-economic damages
- Other economic damages.
If some damages are covered twice between the Workers’ Compensation claim and this lawsuit – such as your medical bills – you can still get them paid by the at-fault party, but the insurance carrier can claim back any amounts they already paid you through what is known as a “subrogation lien.”
Elements
You need to prove that the defendant was at fault to win a case against them. This means showing that they caused the accident by committing a breach of a legal duty they owed you.
For example, if a supplier was loading materials for you with their forklift when their driver hit you, but the forklift operator was not certified or trained properly, you may be able to sue the supplier for that negligence.
Evidence Needed
We need all kinds of evidence in an injury case, so any of the following – if available – will be helpful:
- Your testimony
- Other witness testimony
- Expert testimony, especially in cases dealing with manufacturing defects
- Security footage
- Medical records
- Bills and financial records.
FAQs for Forklift Accident Claims in Chicago
Can You Sue if Your Employer was Partially Responsible?
If your employer shared responsibility for your accident, you still cannot sue them for the work-related accident. That means that portion of the damages assigned to your employer cannot be recovered in a lawsuit.
However, you can still sue the other at-fault parties for the damages corresponding to their share of the blame. For example, if the accident was 50% the manufacturer’s fault and 50% your employer’s fault, you can still get 50% of the damages from the manufacturer.
What if You Were Partially at Fault?
You cannot sue yourself either, but you can still file a lawsuit against an outside third party if you were up to 50% at fault. The defendant still pays their share of damages; you lose only the percent of the damages corresponding to your percentage of fault.
That being said, a Workers’ Compensation claim is a no-fault claim, and you can potentially get full medical bills and 2/3 of your lost wages through that system, even if you were totally at fault, let alone partially at fault.
Do I Use the Same Lawyer?
Our forklift accident lawyers do not handle Workers’ Compensation cases, but not every Workers’ Compensation case even needs an attorney. If you were already paid through that system, we can still take the lawsuit side of your case; if you had another attorney for the Workers’ Compensation case, we can coordinate with them.
When Do I Sue?
Lawsuits often go after the Workers’ compensation claim, but we may still file them quickly. Typically, lawsuits have to be filed within 2 years of the injury, despite the fact that formal Workers’ Compensation claims may be filed up to 3 years after.
In any case, call our lawyers as soon as you can so we can collect evidence, track medical bills, track your recovery, and keep on top of filing deadlines.
Call Our Forklift Accident Lawyers in Chicago Today
For help with a forklift accident or other construction accident case, call the forklift accident lawyers at Rhatigan Law Offices at (312) 578-8502.
Resources