I recently had my finger partially amputated at work, had it reattached, and amputated again. I went through workman's comp and had everything complete but the motion for total loss compensation. I went to get a lawyer, and they told me that they wouldn't take any of that money, but they would take one third of anything else they won for me. So when the check came in, they proceeded to tell me that they were taking a third of my total loss Payments for fees. Did I get tricked? Can I get my money back and not have to give them more money?
There is a fee dispute process if you believe the fee is not appropriate. This will require that you file a request with the Industrial Commission of Ohio for a hearing on the issue of the appropriateness of the fee. The matter will then be set before a hearing officer where you will be allowed to present your evidence regarding the fee. The hearing officer will then issue a decision as to whether the fee was appropriate.
I agree with Mr. Schaffer's answer. You can call the Industrial Commission, visit a local office, or go online to their website to learn the procedure. Also, you can file a complaint with the Ohio State Bar Association. I suggest you look at whatever fee contract you signed as, unless the agreement as you understood it was in writing, you may have a harder time enforcing whatever was said beyond the terms of the written agreement. That said, I agree to start with the Fee Dispute process where you can present this issue before a hearing officer.
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