McDonald's: No workers comp for employee shot protecting patron

[babylonsister]

McDonald's: No workers comp for employee shot protecting patron
Muriel Kane
Published: Sunday February 22, 2009


Fast food giant McDonald's has denied workers compensation benefits to a minimum wage employee who was shot when he ejected a customer who had been beating a woman inside the restaurant.

A representative of the administrator for McDonald's workers compensation plan explained that "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."

Nigel Haskett, then aged 21, was working at a McDonald's in Little Rock, Arkansas last summer when he saw a patron, later identified as Perry Kennon, smacking a woman in the face. A surveillance video of the incident, which had been posted to YouTube, was taken down after McDonald's charged copyright infringement, but according to written descriptions of the video, Haskett tackled Kennon, threw him out, and then stood by the door to prevent him from reentering.

(Update: The video is now available in a news report from KARK4 in Little Rock, which is not subject to copyright claims and which can be seen below.)

Kennon went to his car, returned with a gun, and shot Haskett multiple times. Haskett staggered back into the restaurant and collapsed.

more...

http://rawstory.com/news/2008/McDonalds_No_workers_comp_for_employee_0222.html

[47of74]

1. This story...

This story makes me really hungry for a Big Mac right about now.

[Blue_In_AK]

2. Unbelievable!

If I didn't already not patronize McDonald's, I'd certainly stop now. This is unforgivable on the part of the corporation. Keep contesting the denial, Nigel.

[niyad]

15. I haven't matronized mickeyd's in years, for ALL their lousy business practices

(and if I hadn't been, having read "fast food nation", would have stopped then)

I am going to make certain every single person I know hears about this--will be placing a call to corporate tomorrow.

to all the greedy, soulless corporate thugs at McD's--may you receive EVERYTHING you deserve

so mote it be.

[Deja Q]

3. You've got to be kidding. That's grounds for a legitimate lawsuit.

[SeattleGirl]

4. It I were that kid, I'd consult with a worker's compensation attorney

to see whether McDonald's can do that. According to Arkansas worker's compensation law,

"The Arkansas system of worker's compensation (workman's comp) is compulsory, meaning that employers are required to provide worker's compensation insurance for their employees. Worker's compensation insurance may be provided through a private insurance carrier, or employers may self-insure. Waivers may be permitted."

I'm a vocational rehab counselor, and have worked in the worker's compensation field for nearly 20 years. I've encountered people who were told by their employer that they cannot file a WC claim for various and sundry reasons, but in Washington state, that's not true. You get hurt at work, you have the right to file a claim. Doesn't matter HOW you got hurt.

WC laws do vary state by state, but this just seems like all kinds of wrong to say that this young man cannot file a claim.

[JerseygirlCT]

13. Exactly

I'd think it would be pretty hard for McD's to make a case that he wasn't at work, or that he wasn't injured in the course of his employment.

He didn't just wander into the restaurant, he was there working. Seems pretty open and shut to me. And I agree - I think this is typical corporate road-blocking - hoping he'll say ok and just go away. Hopefully, he's got himself a good attorney, and I also hope that McD's decision to contest his comp claim ends up costing them big.

[book_worm]

5. If he was on the clock he should be covered. Does McDonald's look the other way when

somebody is being beat up in their stores? He needs to appeal this. Makes me glad I haven't eaten at McDonald's in over a decade.

[Maat]

6. Shameful - I hope the kid gets a great attorney ..

I hope one steps up to the plate and represents him pro bono.

In the meantime, my kid just had her last McDonald's shake.

On edit:
Oh, good, he has a passionate attorney; that's wonderful.

Appalling that all of these legal games are played. There is a way to take care of this kid, while informing employees henceforth about the desired course of action in a situation like this.

We all need to make our sentiments known about this.

[southerncrone]

7. Never a better reason to BOYCOTT McDonald's.

I'll make sure my HS students know about this story. They are a big target market block for McD's in our town.

Kids will relate to a 21 yo being dissed.

[izquierdista]

8. There's always been a reason

The last time I ate at a McDonald's was in 1975, right before I saw 'Soylent Green'.

[onethatcares]

9. if the attack went on and Nigel hadn't interferred,

McDs would probably be looking at a very large lawsuit. Aren't there Good Sam laws out there that would not only justify what Nigel did, but also allow him to collect whatever he needs in the way of workers comp?

[jmowreader]

10. They didn't terminate Nigel Haskett? They must be falling down on the job

Normally, touching a customer is grounds for immediate termination. It's just such bad customer service to do that.

It's time for another Customer Service Horror Story. We had eight 36v DeWalt cordless combo kits at $999 each. The first day we put them on the shelf, someone stole one, then attempted to return it. When the returns cashier denied the transaction, the thief pulled a knife on her. One of our lot guys was walking through Returns--it's inside the front door in the Fayetteville Home Depot--saw the guy do this, grabbed him and body slammed him, then sat on him until the police arrived. Corporate made us get rid of the lot guy AND the cashier.

[Taverner]

11. Christfuck, that's just cruel

Fuck em

See if they get my business

[Stevenmarc]

12. Nigel's lawyer will be asking McDonald's to have that compensation Supersized

[BlooInBloo]

14. Man - Arkansas is really shitty this weekend.

[Vinca]

16. This sounds like a story for Keith Olbermann. nt

[babylonsister]

17. Good idea. I think I'll send it to him. nt

[BigBearJohn]

18. To the greatest page with ya! K/R

[Usrename]

19. WTF is wrong with these people?

[GiveMeFreedom]

20. From Mickey D's 2007 Annual Report and CEO SEC Filings

This story outrages me. I am sick of corporate greed and the rich getting richer. This kid, Nigel Haskett, is a hero to the woman he helped, his community and to his company, but unfortunately in the clowns eyes he's just a throw away of the cost of doing business. So Nigel needs $300,000.00 in medical expenses to be paid and the clown has insurance, but they refuse to pay? Here is what they made in profit in 2007 and here are their corporate clowns sec filings. 23 billion in sales revenue in 2007 and they can't pay this guy? We need to tighten down on corporations and our laws that deal with these rich scum.


http://www.mcdonalds.com/corp/invest/pub/2007_annual_report.html

[dickthegrouch]

21. How about some Civil Disobedience....

We should all drive through their outlets tomorrow and ask for

One order of Workman's Compensation

When they don't have any, we will be actively disrupting their breakfast flow and making a hell of a point.