ILCS » Chapter 820 · Act 310
Illinois Compiled Statutes

820 ILCS 310/9 (2026)

Any employer or employee or beneficiary who shall desire to have such compensation, or any unpaid part thereof, paid in a lump sum, may petition the Commission, asking that such compensation be so paid

✓ current as of May 2026
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(820 ILCS 310/9) (from Ch. 48, par. 172.44)
    Sec. 9. Any employer or employee or beneficiary who shall desire to have such compensation, or any unpaid part thereof, paid in a lump sum, may petition the Commission, asking that such compensation be so paid. If, upon proper notice to the interested parties and a proper showing made before such Commission or any member thereof, it appears to the best interest of the parties that such compensation be so paid, the Commission may order the commutation of the compensation to an equivalent lump sum, which commutation shall be an amount which will equal the total sum of the probable future payments capitalized at their present value upon the basis of interest calculated at 3% per annum with annual rests.
    In cases indicating complete disability no petition for a commutation to a lump sum basis shall be entertained by the Commission until after the expiration of 6 months from the date of the disablement.
    Where necessary, upon proper application being made, a guardian or administrator, as the case may be, may be appointed for any person under disability who may be entitled to any such compensation, and an employer bound by the terms of this Act and liable to pay such compensation, may petition for the appointment of the public administrator or guardian, where no legal representative has been appointed or is acting for such party or parties so under disability.
    The payment of compensation in a lump sum to the employee in his lifetime upon order of the Commission, shall extinguish and bar all claims for compensation for death if the compensation paid in a lump sum represents a compromise of a dispute on any question other than the extent of disability.
    Subject to the provisions herein above in this paragraph contained, where no dispute exists as to the fact that the occupational disease arose out of and in the course of the employment and where such disease results in death or in the amputation of any member or in the enucleation of an eye, then and in such case the arbitrator or Commission may, upon the petition of either the employer or the employee, enter an award providing for the payment of compensation for such death or disability in accordance with the provisions of Section 7 or paragraph (e) of Section 8 of this Act.
(Source: P.A. 83-706.)

    
Notes of Decisions
Cited in 4 cases, 1999–2002 · leading case: Segers v. Indus. Comm'n, 732 N.E.2d 488 (Ill. 2000).
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Segers v. Indus. Comm'n, 732 N.E.2d 488 (Ill. 2000). · cites it 3× “JUSTICE HEIPLE delivered the opinion of the court: Plaintiff brought a declaratory judgment action in Franklin County circuit court seeking a declaration that section 9 of the Workers’ Occupational Diseases Act (820 ILCS 310/9 (West 1998)) does not bar her claim for death…”
D. Mayer Landscaping, Inc. v. Indus. Comm'n, 767 N.E.2d 821 (Ill. App. Ct. 2002). “The result in Segers was that a settlement with the injured employee was found to bar the widow’s subsequent claim for death benefits.”
Segers v. Indus. Comm'n, 711 N.E.2d 450 (Ill. App. Ct. 1999). · cites it 3× “The circuit court ruled, inter alia, that a lump-sum-settlement agreement entered into between Elmer Segers, plaintiff’s late husband, and Old Ben was a lump-sum-settlement agreement as contemplated by section 9 of the Workers’ Occupational Diseases Act (Act) (820 ILCS 310/9…”
Segers v. Indus. Comm'n (Ill. 2000). · cites it 3× “JUSTICE HEIPLE delivered the opinion of the court: Plaintiff brought a declaratory judgment action in Franklin County circuit court seeking a declaration that section 9 of the Workers’ Occupational Diseases Act (820 ILCS 310/9 (West 1998)) does not bar her claim for death…”
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