Scissor lifts and boom lifts (also called aerial lifts or mobile elevating work platforms) are standard equipment on Illinois construction sites, used to give workers access to elevated work areas that ladders and scaffolding cannot safely reach. But an aerial lift accident construction injury claim presents distinct legal challenges compared to other fall cases because the equipment itself, its operator, its owner, and the site conditions can all contribute to the incident. Understanding the governing regulations and the available legal claims is the starting point for any injured worker.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
The Governing OSHA Standard: 29 CFR 1926.453
The primary federal safety standard for aerial lifts on construction sites is 29 CFR 1926.453. It covers boom-supported elevating work platforms, vehicle-mounted elevating and rotating platforms, and similar equipment — including both scissor lifts and boom lifts. The standard sets requirements that apply both to the equipment and to the workers using it.
Among the most important requirements under 29 CFR 1926.453: workers must stand only on the floor of the bucket or platform, and boom platforms must not be used as a crane. The regulation also requires that workers in boom lifts use a body belt or harness with a lanyard attached to the boom or basket. This fall protection requirement exists because ejection from a boom lift during unexpected movement or tip-over is a recognized fatal hazard. If you were operating or working near an aerial lift without being provided with a required harness and lanyard, that is a regulatory violation that may be relevant to your claim.
The industry safety standard series for mobile elevating work platforms, ANSI/SIA A92, supplements the OSHA regulations with detailed engineering and operational requirements that manufacturers and employers are expected to follow. Deviations from the A92 series can be relevant in both negligence and products liability cases.
The Most Common Fatal Cause: Electrocution from Overhead Power Lines
According to OSHA’s aerial lift safety data — published in OSHA Safety and Health Fact Sheet No. 3067 and supported by OSHA’s fatality and injury figures — electrocution from contact with overhead power lines is the leading cause of death in aerial lift accidents. Workers in boom lifts are particularly vulnerable because the extended boom can reach power lines that appear far enough away to be safe. The required minimum clearance distances from energized power lines are specific and must be observed; they are not a matter of rough visual estimation on the job.
OSHA data also reflects that boom lift and scissor lift fatalities occur from three primary mechanisms: tip-overs, ejections (workers being thrown from the platform), and electrocution. Each mechanism has a different set of contributing factors and potential defendants.
Tip-Overs, Ejections, and Falls: What Goes Wrong
Aerial lift tip-overs most commonly occur when the machine is operated on unlevel, soft, or unstable ground that shifts under load. Scissor lifts have a lower center of gravity than boom lifts but are still susceptible to tip-over when extended on slopes or when driven with the platform elevated, which many manufacturers prohibit. Telehandler-style boom lifts are particularly vulnerable to side-tipping when the boom is extended laterally with a load.
Ejections — workers being thrown from the platform while the lift is in motion — happen most often when a lift is driven while elevated and contacts an obstacle such as an overhead beam, a parked vehicle, or an uneven surface edge. The sudden stop ejects the worker. The harness and lanyard requirement under 29 CFR 1926.453 exists specifically to prevent fatal falls in these situations. When that requirement is not followed, the outcome of an ejection is far more likely to be fatal or catastrophic.
Falls from scissor lifts can also occur when guardrail gates are left open, when workers lean out beyond the platform perimeter, or when a platform edge gives way due to a manufacturing or maintenance failure.
Workers’ Compensation and Third-Party Claims in Illinois
As with other construction equipment injuries, aerial lift accidents in Illinois typically generate two overlapping legal claims. Workers’ compensation under 820 ILCS 305 provides no-fault coverage for medical expenses and wage replacement regardless of who caused the accident. These benefits are available from the injured worker’s direct employer without the need to prove negligence.
Third-party claims extend the potential recovery to parties who are not the direct employer. In aerial lift cases, the most common third-party defendants include:
- The equipment owner or rental company: If a rented scissor lift or boom lift was delivered with defective components — a faulty outrigger, a malfunctioning limit switch, worn platform guardrails — the rental company that maintained and provided the equipment may be liable for the resulting injuries.
- The equipment manufacturer: Design defects, manufacturing defects, or inadequate warnings on the equipment itself can support a products liability claim against the manufacturer. The ANSI/SIA A92 series provides the baseline safety standard against which the design is measured.
- The general contractor or site manager: A GC who controlled site conditions — including the ground surface condition under the lift, overhead power line clearance planning, and pedestrian exclusion zones — and failed to maintain those conditions safely may be liable in negligence.
- A utility company: In cases involving electrocution from overhead power lines, the utility company that owned the lines may face liability depending on whether required notification and de-energization procedures were followed.
Where This Fits in the Full Picture of Construction Injuries
Aerial lift accidents are one of the more serious categories among the full range of construction accident types in Illinois. Because these machines place workers at height with few barriers between them and a fatal fall or electrocution event, the injuries are often severe — traumatic brain injury, spinal cord injury, crush injuries from a tipped machine, or death. Cases of this severity require thorough investigation of equipment maintenance records, operator training documentation, site inspection logs, and OSHA investigation findings.
Evidence preservation is time-sensitive. After an aerial lift accident, the machine may be removed from the site, repaired, or returned to a rental fleet within days. Site conditions change. Witness memories fade. The sooner an attorney can issue preservation letters and retain an equipment expert, the stronger the evidentiary foundation for both the workers’ comp claim and any third-party lawsuit.
Talk to a Chicago Attorney — Free Consultation
Phillips Law Offices handles aerial lift accident cases for injured construction workers and their families throughout the Chicago area and across Illinois. We evaluate both the workers’ compensation and third-party liability angles and help injured workers and families understand every source of recovery available under Illinois law. This article is for general informational purposes only; it has not been reviewed by a licensed attorney and should not be relied upon as legal advice.
Call us at (312) 346-4262 or visit our contact page to schedule your free consultation.