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Settlement Options Although not an option in all cases, an attempt to settle the case for a reasonable amount is recommended in most situations. Usually, the injured worker and his attorney decide on a fair settlement amount and make the first offer of settlement to the insurance company. The insurance company can accept the offer, decline the offer or make a counter-offer with different terms. If there is a counter offer, the injured worker can accept it, decline it, or make another counter-offer. This negotiation continues until a final offer is accepted or declined. Settlement can be done between the two attorneys in the case or by formal mediation at the Labor Commission. 
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