Sunday, February 22, 2009

McDonald's Denies Worker's Comp to Heroic Employee

I hope that, as is usual with these types of cases, once publicity gets out, McDonald's will back down. McDonald's has denied workers compensation benefits to an employee who was shot when he ejected a customer who had been beating a woman inside the restaurant. Why, you might ask? Well ...

A surveillance video of the incident, which had been posted to YouTube, was taken down after McDonald's charged copyright infringement (AKA, they wanted it pulled because of bad PR). However, TV station KARK has posted video that is not subject to copyright infringement. It's obvious from the video that Nigel Haskett, then aged 21, was a hero.

Nigel Haskett was working at a McDonald's in Little Rock, Arkansas last summer when he saw a patron, later identified as Perry Kennon, hitting a woman in the face. Haskett tackled Kennon, threw him out, and then after returning to the store, collapsed. Police say he was shot multiple times.

As a result of that act of heroism, Haskett has had multiple operations, and faces a $300,000 medical bill.

Sgt. Cassandra Davis of the Little Rock PD said:
He was an employee of the McDonald's; he was at work. He wasn't involved in the physical or verbal altercation initially. He did come to the aid of the female that was involved in the disturbance.
Sounds like a Good Samaritan Act, which according to this post, and the examples herein, if they provide Good Will Benefit toward the employer, and are thus "free advertising," are covered, even if the person is on a lunch break.

Of course, McDonald's actions now are probably not earning it good will with most people.

Misty Thompson, a rep of the administrator for McDonald's workers compensation plan said:
"... we have denied this claim in its entirety as it is our opinion that Mr. Haskett's injuries did not arise out of or within the course and scope of his employment."
Haskett’s attorney Philip Wilson said:
"They (worker's comp) do everything they can not to pay a client. That's what we have here. They just try to get out of paying any way they can."
Watch the news report, including surveillance video, here:

62 comments:

Anonymous said...

McDonalds should give this guy a reward instead of bending over backwards to destroy his life. I'm sure corperate Mcdonalds is proud of setting such a fine example for the rest of corperate America.

Shadow said...

Yeah like anyone working at McDonalds can even AFFORD a $300k medical bill. That's what...12 years worth of income?

The LEAST McDonalds should do is pay the damn comp claim. not like they even OFFER insurance for all but the corporate employees anyway.

Anonymous said...

It's really sad they will pay for an idoit who burns themself with coffee, but not a real hero. This employee was trying to ease a hostile environment for one of his customers, I say he was on the job.

Anonymous said...

I trust that the attorney for this young man will make McDonald's do the right thing. By the way this double talk about not in the scope of his duties. Would they company rather have someone beaten up and no one do anything about the situation?

Anonymous said...

What a horrible, horrible message McDonald"s is sending. This is ridiculous. This young man should have been given an award. He came to the aid of a woman who was being assaulted inside their establishment and they dont think its a good idea to, if not reward him, at least cover the guys medical bills. Wow. Whose brilliant idea was this? There aren't enough people who go to the aid of another anymore and when one does he shouldn't be made to pay for that for the rest of his life. My god show a little common sense McDonalds.

Anonymous said...

Quick lesson in insurance. #1. It is not McDonald's that denied the claim, it is their workers compensation insurer. #2. The premium McDonald's pay for said coverage is depends on the risks employees are put at. #3. I am gonna guess "be a hero and risk your life" was not part of the covered risk nor the McDonald's job description.

Sure this guy deserves compensation, but from the State which tolerated an armed public, not from a private company.

And of course 300k is too much for medical bills, but again we need to look to a government that thinks that a is a fair bill to saddle a minimum wage worker with.

Anonymous said...

This clip is indeed misleading. WCB is not part of McDonalds. They are an independant 'insurance'. If McDonalds Corp and the franchise owner of this particular McDonalds were smart - they would do the right thing and help this young lad out with his medical bills. It would go far with PR as well. This is a life altering experience for this young man, not a twisted ankle in the parking lot going home from work.

Anonymous said...

The correct thing to do is to call the police. End of discussion. If you step into somebody else's business you better have your business straight. He obviously didn't.

Anonymous said...

Military people are trained for teamwork and victory, not to be a ridiculous hero. Choose your battles wisely.

Anonymous said...

You can call the police. If I ever see a woman hit by a man, I'll be doing something about it. Otherwise, I think my grandfather's ghost might just show up to kick my ass.

Anonymous said...

1) Workmans Comp payouts are decided by the insurance company - NOT the business that holds the insurance. I'm sure McDonald's submitted a claim, but now it is the insurance company that is denying it. So don't blame McDonald's.

2) McDonald's is going to try and force the insurance company to honor the payment. Of course, they are going to do it by doing nothing and let the guy and his lawyers sue the insurance company. Any naming of McDonald's in the suit will get thrown out by the judge. It is an insurance issue and that's how it works. We don't have to agree with it or like it - but that is the way it is.

3) If it all ends up that the insurance company gets out of paying, I'll almost guarantee that McDonald's will step in and pay. They know it would be good PR for them - and the right thing to do. But they won't do it as long as there is a chance the insurance will honor the claim if forced to by a lawsuit. I know it sucks - but that is the way the system is set up.

4) Blame the insurance industry and your lawmakers for this mess - not McDonalds.

Anonymous said...

Maybe people should boycott McDonalds for a while and the loses I'm sure would be more than $300,000.00 Something to think about! The man could have posibbly saved other lives. It could have possibly turned into a shooting inside had he not gotten him through the doors. And they wonder why most people turn their backs when they see things happening!

Anonymous said...

Looks like I've had my last Big Mac. Good job and good luck Nigel.

Anonymous said...

Sounds like some of you need to buy a ticket to the Middle East and just start setting things straight on your own terms. Just pack a bag, get a one way online ticket and head on out to do the right thing. Take the boycott dolts with you.

Anonymous said...

As a survivor of domestic violence, I am so proud of this young man's heroic effort and sacrifice to step in and help this woman, when she needed it the most. What McDonald's is doing, is appalling. I am forwarding this information, to everyone I know, and asking that they be boycotted. I will be sending a letter to corporate headquarters, to let them know of my decision, and the reasons why.

Dianna said...

I am so SICK of McDonalds and how they treat their employees. My daughter has worked for them 9 years now & is a manager. They have her scheduled so that a few days a week she can not even go to bed & get some SLEEP in between shifts! She has a husband & children to take care of and McDonalds could care less! They also do not care if she falls asleep at the wheel of her car! All they care about are their "financial reports". It is my hope that all who read this boycott McDonalds! They truly do not give a darn about their employees and should be ashamed of their business practices!
Worried & Angry Mom in Florida, Dianna

Bandaged One said...

I suddently don't feel safe eating at McDonald's I better just boycott them for a while, seems they don't care of the customers safety, so I doubt they care about the safety or manner the food is prepared either. I will take my business elsewhere!

Mike said...

Well, maybe if they hadn't started that dollar menu... ;^)

Anonymous said...

listen to whiny communist boycott twits. this mcdonalds thing is just thinly veiled leftist attack against capitalism.

Anonymous said...

http://www.facebook.com/home.php?#/group.php?gid=66475029457

Join this group if you have facebook, an invite has been sent to the young man as well. Make them hear us loud and clear.

Gary said...

Well, not that I ever eat that crap other than the occasional sausage mcmuffin and iced coffee, but McDonald's just made it to the top of my "Boycott Out Of Principle" list.

This corporate money-hoarding, false-indignation position they're taking is appalling and I hope the kid sues them for a million.

Anybody up for starting/circulating a petition to boycott McDonalds restaurants until they take *PROPER* care of this valiant young man.

wendy said...

mcdonalds sucks

Anonymous said...

I put myself through college working at McDonald's so I won't argue, they do treat their employees like crap.

However, in this case, people should be jumping all over the BWC, then McDonald's. They paid money for this guy's worker's compensation insurance and the BWC is trying to screw both him and McDonald's over. After he fights BWC in court, I would hope McDonald's would step in and pay the rest of his bills.

Also, why are his bills so large? Most hospitals have financial assistance programs...

Anonymous said...

Tell McDonalds what you think directly. I did.

http://apps.mcdonalds.com/contactus/navigate.do?link=mcbiz

Anonymous said...

I work at MCD'S. It's a job like any other job You take crap anywhere you work, and that's if you even have a job to worry about. Franchise owners probaby don't have a measly 300,000.00 just lying araound for emergencies or goodwill giveaways. Most money is earmarked for expansion , renovations, and updates required by the corporation There are always rules and protocols to follow , even tragedies and heroic endeavors follow a set path in the aftermath. So yes , workmen's comp. is notified first with a claim , then the insurance carrier decides if the workplace is the source of the injury, so in this instance , no. That's where the lawyers step in and everybody goes to court. So maybe this young man may have to sue the man that shot him civilly ,and no probably he still might get anything , because the guy will be in jail. So all this young man will look forward to is the gratitude of the person he tried to help. And sometimes life sucks.

MaryBeth said...

What if the bad guy had started shooting customers because no employee stepped in and stopped him? Does McDonalds have insurance to cover lawsuits from customers injured on premises? If that woman was seriously injured and no one helped her beyond calling 911, could she have sued?

mobile phone sell said...

It sounds like a good Samaritan Act,if they provide Good Will Benefit towards the employer.

leather hamsa bracelet said...

Yes, this is exactly why people don't do anything for each other anymore. Everyone is scared they will be punished for what you used be good decent behavior.

Business Directory Melbourne said...

The man could have posibbly saved other lives. It could have possibly turned into a shooting inside had he not gotten him through the doors.

Rome Vacation Packages said...

I agree with you this type of activities are made with well renowned organization...to disturb their prestiges...

2010 Hyundai Azera parts said...

This is ridiculous. This young man should have been given an award..Thanks

rome bus tour said...

If they accept then it would be create a problem for company image..

declaring bankruptcy said...

A surveillance video of the incident, which had been posted to YouTube, was taken down after McDonald's charged copyright infringement.

Infiniti EX35 parts said...

It is my hope that all who read this boycott McDonalds!

credit repair said...

As a result of that act of heroism, Haskett has had multiple operations, and faces a $300,000 medical bill.

Sebastian Stubbe said...

Well The man could have posibbly saved other lives. It could have possibly turned into a shooting inside had he not gotten him through the doors.

recycling cell phones said...

Totally agree that military people are trained for teamwork and victory,and I think they would do the right thing and help this young lad out with his medical bills.

Organic Baby Products said...

The man could have posibbly saved other lives. It could have possibly turned into a shooting inside had he not gotten him through the doors.

Capital Gold Group said...

Any naming of McDonald's in the suit will get thrown out by the judge. It is an insurance issue and that's how it works.They don't have to agree with it or like it - but that is the way it is.

Data services said...

In todays world if one tries to do something good for someone;he only ultimately has to pay for it.So just mind own business.I will take this post as a lesson.Thanks for sharing...

Max Furniture said...

I think they will probably give him 12 weeks to return to work, or they will fire him, if they haven't already...

Sebastian AG said...

This is ridiculous. This young man should have been given an award.

Tour Rome Italy said...

He came to the aid of a woman who was being assaulted inside their establishment and they dont think its a good idea to, if not reward him, at least cover the guys medical bills.

Pet Care Rx Reviews said...

There aren't enough people who go to the aid of another anymore and when one does he shouldn't be made to pay for that for the rest of his life!!

Max Furniture said...

They paid money for this guy's worker's compensation insurance and the BWC is trying to screw both him and McDonald's over.

office cleaning services said...

I think that these types of activities can create a problem for company image,If they accept it.This is really ridiculous for the company. They should give an award to him.

Gatehouse Academy Review said...

I think such an act of humanity and courage must be praised and rewarded rather McDonald's has denied workers compensation benefits to this employee who saved someone...It is duty of all citizens to help each other when in trouble for the sake of humanity.

irstaxlawyers.org said...

According to me that employee did a great job..he is a nice human..He must be praised instead of denying workers compensation benefits to him..

cash for cell phones said...

This is just ridiculous,I think he has done very wrong and must not have done this.

J Hass Group said...

This is a selfish world today! if you try to do good for someone,,,it would be you who is going to get into trouble!! why ??? McDonald's has denied workers compensation benefits to an employee,who just for the sake of humanity tried to help the women....

Professor Prosperity said...

There are always rules and protocols to follow , even tragedies and heroic endeavors follow a set path in the aftermath...

Alfonso Fanjul said...

This corperate Mcdonalds is proud of setting such a fine example for the rest of corperate America.

kitchen cabinets clearwater said...

There aren't enough people who go to the aid of another anymore and when one does he shouldn't be made to pay for that for the rest of his life..

a deal a day said...

Its brilliant idea of ​​who did it? Are not enough people who go to a second longer when you should not be paid, the rest of his life. My god show some common sense McDonalds.

crowd SPRING said...

This is a life altering experience for this young man, not a twisted ankle in the parking lot going home from work.

Mississauga Luxury Homes said...

This seems like an odd claim. Most Workers Comp claims are not handled by Employers rather by the STATE (agency within State Gov.)

wedding cakes said...

This type of incidents make a negative perception in customers mind , try to be ignore and find new ways to maintain McDonald prestige,because it earn after a lot of hard work...

jewelry display stands said...

I agree with wedding cakes that this type of incident really makes a negative impact on visitors and existing clients which result low sale..

Federico Pignatelli said...

McDonald's has denied workers compensation benefits to this employee who saved someone....well,according to me he should be rewarded..

software development database said...

I think, Nigel did a heroic thing to protect the employees and customers of McDonalds. He should be compensated.

Spy pen camera said...

Technically, McDonald's is correct in denying the man's workers compensation claim. He acted outside the scope of his assigned duties.

Jagadguru Kripaluji Maharaj said...

This employee was trying to ease a hostile environment for one of his customers.