ILCS » Chapter 820 · Act 305
Illinois Compiled Statutes

820 ILCS 305/23 (2026)

No employee, personal representative, or beneficiary shall have power to waive any of the provisions of this Act in regard to the amount of compensation which may be payable to such employee, personal representative or beneficiary hereunder except after approval by the Commission and any employer, individually or by his agent, service company or insurance carrier who shall enter into any payment purporting to compromise or settle the compensation rights of an employee, personal representative or beneficiary without first obtaining the approval of the Illinois Workers' Compensation Commission as aforesaid shall be barred from raising the defense of limitation in any proceedings subsequently brought by such employee, personal representative or beneficiary

✓ current as of May 2026
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(820 ILCS 305/23) (from Ch. 48, par. 138.23)
    Sec. 23. No employee, personal representative, or beneficiary shall have power to waive any of the provisions of this Act in regard to the amount of compensation which may be payable to such employee, personal representative or beneficiary hereunder except after approval by the Commission and any employer, individually or by his agent, service company or insurance carrier who shall enter into any payment purporting to compromise or settle the compensation rights of an employee, personal representative or beneficiary without first obtaining the approval of the Illinois Workers' Compensation Commission as aforesaid shall be barred from raising the defense of limitation in any proceedings subsequently brought by such employee, personal representative or beneficiary.
    A minor death beneficiary, by parent or grandparent as next friend, may compromise disputes and may enter into and submit a settlement contract or lump sum petition, and upon approval by the Commission such settlement contract or lump sum order shall have the same force and effect as though such minor had been an adult.
(Source: P.A. 93-721, eff. 1-1-05.)

    
Notes of Decisions
Cited in 12 cases, 1997–2019 · leading case: Maxit, Inc. v. Van Cleve, 897 N.E.2d 745 (Ill. 2008).
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Maxit, Inc. v. Van Cleve, 897 N.E.2d 745 (Ill. 2008). · cites it 3× “” 820 ILCS 305/23 (West 2004). Defendants note that the September 2004 release was not approved by the Commission, and the release therefore could not have constituted a waiver of John’s workers’ compensation claim under the terms of the Act.”
Braye v. Archer-Daniels-Midland Co., 676 N.E.2d 1295 (Ill. 1997). “Section 23 of the Workers’ Compensation Act provides that "[n]o employee *** shall have power to waive any of the provisions of this Act in regard to the amount of compensation which may be payable to such employee *** except after approval by the Commission ***.”
Bradley v. City of Marion Illinois, 2015 IL App (5th) 140267 (Ill. App. Ct. 2015). · cites it 2× “820 ILCS 305/23 (West 2012). The plaintiff requested the circuit court to declare that he did not waive his right to recover additional compensation benefits under the Act as a result of his settlement of the third-party lawsuit because the Commission has not approved any waiver.”
Maxit, Inc. v. Van Cleve, 875 N.E.2d 690 (Ill. App. Ct. 2007). “” 820 ILCS 305/23 (West 2004). It has been long settled that an employer may not ignore this provision of the Act and enter into a settlement with its employee without the approval of the Illinois Workers’ Compensation Commission.”
Yocum v. Indus. Comm'n, 697 N.E.2d 766 (Ill. App. Ct. 1998). · cites it 2× “820 ILCS 305/23 (West 1996). Approval of settlement agreements is a discretionary rather than a required ministerial act of the Commission.”
Bradley v. The City of Marion Illinois, 2015 IL App (5th) 140267 (Ill. App. Ct. 2015). “820 ILCS 305/23 (West 2012). The plaintiff requested the circuit court to declare that he did not waive his right to recover additional compensation benefits under the Act as a result of his settlement of the third-party lawsuit because the Commission has not approved any waiver.”
P.I.&I. Motor Express, Inc. v. Indus. Comm'n, 857 N.E.2d 784 (Ill. App. Ct. 2006). · cites it 2× “” 820 ILCS 305/23 (West 2002). This statutory provision is an acknowledgment that a worker’s compensation claim is a matter of public interest and not a private matter between the employer and employee.”
Maxit, Inc. v. Van Cleve (Ill. 2008). · cites it 2× “” 820 ILCS 305/23 (West 2004). Defendants note that the September 2004 release was not approved by the Commission, and the release therefore could not have constituted a waiver of John’s workers’ compensation claim under the terms of the Act.”
Cassandra Washington v. Chicago Bd. of Educ. (7th Cir. 2019). “820 ILCS 305/23 & 405/1300. The Board agreed not to contest unemployment claims, however, so the release did not cover them.”
Cassandra Washington v. Chicago Bd. of Educ. (7th Cir. 2019). “820 ILCS 305/23 & 405/1300. The Board agreed not to contest unemployment claims, however, so the release did not cover them.”
Maxit v. Cleve (Ill. App. Ct. 2007). “" 820 ILCS 305/23 (West 2004). It has been long settled that an employer may not ignore this provision of the Act and enter into a settlement with its employee without the approval of the Illinois Workers' Compensation Commission.”
Braye v. Archer-Daniels-Midland Co. (Ill. 1997). “) 820 ILCS 305/23 (West 1994). In enacting section 23 of the Workers' Compensation Act, the General Assembly made an inherent determination regarding the relative bargaining power between an employer and an employee.”
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