What drives me crazy after nearly 15 years of doing workers' comp?

I've got a list:

1. Insurance company adjusters who take advantage of an injured workers' unfamiliarity with the law.
2. When the Industrial Commission rules against an injured worker on a technicality (I believe a tie always goes to an injured worker).
3. Workers' Comp attorneys who let adjusters run all over their clients.
4. Attorneys who do not provide educational materials to their clients to help them understand what is going on in the case.
5. Workers' Compensation attorneys who claim they are "aggressive, experienced, determined, etc.," but never take tough cases to hearings.

What's a fair amount to pay your workers' comp attorney?

The short answer: No more than 25% of the benefits which the attorney gets for you. We never do that.

The long answer: Some attorneys are demanding 25% of an injured worker's checks from the moment he walks in their door. We think that is taking advantage of the workers' comp claimant. That is completely unfair. We don't take cases if we cannot add value to them -- and we don't expect to get paid until we do. You should never have to give up any of your money (which you need to live on) until the lawyer has done something for you. And filing a couple of form letters with the Industrial Commission isn't enough to earn a fee. In fact it is virtually unheard of for the NCIC to award a fee of more than 25%.

As a general rule we think it is improper for a lawyer to take a cut of your weekly check unless she actually went to a hearing to get the checks started, or if he kept the checks going at a hearing. But if an attorney asks you to pay them from the minute they represent you, or if they write a couple of letter and make some phone calls to get checks started and then want 25% of your money forever, you should seriously consider whether they are in it for your best interests or just for your money.

The North Carolina Industrial Commission has raised the mileage reimbursement rates

Effective July 1, 2008 the North Carolina Industrial Commission has raised the mileage reimbursement rate to 58.5 cents per mile on all trips which are 20 miles or more roundtrip. They've followed the IRS' move in this regard.

We always handle this reimbursement for our clients. I've heard recently of a couple of law firms who are telling their clients to defer this to the end of the claim when you talk settlement. I think that is a terrible idea for a couple of reasons.  First, with gas at or near $4.00 per gallon most injured workers need that money now, not later. Second, if you are entitled to $1,000.00 worth of mileage reimbursements over the course of your claim you should get the full $1,000.00. I suspect that those attorneys are going to take a fee off this -- so you'll only get $750.00 and they'll get $250. 

That's crazy, because a contingency fee of 25% is based on the possibility that there may not be a recovery. Yet mileage reimbursements are automatic in accepted claims so there should never be a fee on them.