Q: if an owcp check comes to me to i have to share it with a lawyer. I had to threaten to sue my employer and I did file
i filed paperwork with merit systems and only then did I get a response after waiting for 4 years. he has terrible reviews online. The system is somehow rewording my question. Simply, if owcp mailed money to me, do I have to share it with a shoddy lawyer?
A: It depends on the terms of your contract with the lawyer: did he do the work he was hired to do, was he involved with negotiations, what is the payment arrangement, etc. You may be contractually bound to pay the attorney his fee, and if you do not, he may seek a judgment through the legal system. What may appear "shoddy" from the outside may be an issue with the legal system itself - many of these types of cases can take years to resolve. Consider having an honest discussion with your lawyer regarding the work performed in the case.
A: Not many attorneys (myself included) handle federal comp claims but my undersatanding is that the DOL must approve an award of an attorney fee and contingent fees with a client are not permitted. The attorney has to apply for his fee. If you received benefits, the fee should not come out of them. Contact the DOL office where your claim was processed for confirmation.
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