McDonald's refuses workers compensation for shooting victim: Be a hero on your own time

[Joesunionreview]

McDonald’s employee Nigel Haskett sprung into action when he noticed a woman getting smacked in the face in the Arkansas store where he was working. Haskett can be seen in the video throwing the attacker out of the store. Moments later Mr. Haskett returned into the store and collapsed. He was shot several times and needed emergency medical attention.

Nigel Haskett won his fight for life after amassing $300,000 in medical bills. District Judge Lee Munson, who adjudicated the the criminal proceedings, called Haskett a hero. Judge Munson and his reporter felt so strongly that they each donated $100 to a fund being set up for Mr.Haskett. By all judicial rulings nationally thus far Mr. Haskett should have had his medical bills covered by Workers Compensation, but even though Mickey D's has received the good-will benefit of Mr.Haskett's actions, the corporation along with their insurance carrier are refusing to pay for the required medical attention he needed.

Here's a recap from the Arkansas Times story entitled "http://www.arktimes.com/Articles/ArticleViewer.aspx?ArticleID=bc6732a3-93b2-41e3-a106-076ceda31298">Be A Hero on Your Own Time":

According to newspaper accounts and Haskett's lawyer, Philip M. Wilson, Haskett was working at the McDonald's at 10201 Rodney Parham Road last August when he interceded to stop a man who was beating a woman in the restaurant. The assailant, later identified as Perry Kennon, went outside. Haskett also stepped outside and stood at the door to keep Kennon from re-entering the restaurant. Kennon retrieved a gun from his car and shot Haskett – “multiple times,” according to Wilson. Haskett, now 22, underwent three abdominal surgeries and still carries part of a bullet in his back, according to Wilson. Haskett's medical bills exceed $300,000, Wilson said.

Kennon was arrested a few days after the shooting and charged with first-degree battery. At his arraignment, where he pleaded innocent, District Judge Lee Munson lectured Kennon about his long criminal record, and lauded Haskett: “Here is this young man working for minimum wage, coming to the aid of a woman.” Munson passed the case on to Pulaski Circuit Court, and he and his court reporter each contributed $100 to a fund for Haskett that was set up by Twin City Bank.

Kennon is in the Pulaski County Jail awaiting trial.

Haskett filed a claim with the state Workers Compensation Commission. Misty Thompson, a claims specialist with McDonald's insurer, Ramsey, Krug, Farrell and Lensing, said in a letter to the Commission 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.”

Full article and reasoning why Mr.Haskett should not be denied workers compensation can be found at http://anti-union.blogspot.com/2009/02/mcdonalds-hero-getting-screwed-by.html">Joe's Union Review

[Rabrrrrrr]

1. This is why I would like to be President of the US - I'd call the CEO and ream him out

and call him a dick unless and until McDonald's pays this guy's medical costs.

And I'd call him every hour, on the hour.

And I'd do that to every other CEO whose companies are doing these kinds of supremely ludicrous asshole things to their employees.

In a month or two, I think the CEOs would get the message that if their companies don't start doing stuff, I'm gonna be harassing the living hell out of them.

"I'm just saying, not that I hope this happens, but I'm just saying, wow, wouldn't it be awful if there was an accident with one of our Apaches accidentally blowing the living hell out of your estate in Florida? This is not a threat; I'm just saying it would be awful. Wouldn't it be awful? Yeah, I think it would be awful. I sure hope that never happens. Anyway, Mr. Haskett sure could use $300,000."

[4_TN_TITANS]

23. Good idea...

If I were Prez, I would advise the CEO to prepare for an intensive round of personal and corporate tax audits. Provide some incentive, Chicago-style.

[joeybee12]

2. Of course it was denied! Whenever I go into Mickey D's, there's always an assault

taking place...I figured it was part of the ambience, and this Haskett kid tries to ruin the floor show!

Yeah, that's sarcasm? Do I need to put this? :sarcasm:

Ok everyone, write a letter to McDonald's, threaten to boycott, losing money is the only way to get these idiots to act decent.

[Uben]

3. Well, that does it!

Looks like I will be boycotting McDonald's for another ten years! Not hard really, I gave up junk food for a healthier liestyle and I will never go back to it. Feelin good feels too good!

[rsmith6621]

4. May I Interupt This and Say......

.......Mikey Ds corporation is a bunch of FUCKERS.....how much did the Executives of the Co. make in BONUSES last year???

.....I am glad I am not addicted to anything MCDs serves....For the past 6 months I I have been giving my $$$$ to Ma&Pa restaurants and getting better healthier food.

[nickyt]

5. To contact McD's:

http://www.mcdonalds.com/contact/contact_us.html

[rpannier]

11. Sent an e-mail

Thanks for the link.

[nickyt]

12. My pleasure. I pointed out in my note to them that there was a perfectly

good chance that that loose-cannon gunman could easily have shot up the whole damn restaurant, you know, if it wasn't for the actions of young Mr. Haskett. I ended by saying, "See you at Burger King, Ronald!"
(not that I eat at either of those fast-foodys, actually, and really balk at calling either one a "restaurant"...)
Hopefully, enough pressure will be brought to bear upon McD's to force them to do the right thing here, and I thank you for letting them know your thoughts on this, rpannier!

[ThomCat]

16. I just wrote to them

and mentioned that there discussion of a boycott is spreading because of this. They will certainly never get any money of mine. (because I'm a vegan, and their vegan offerings suck, but there's no need to put that in the letter.)

Hopefully, if a lot of us all wrote to them and threaten to take away our money, they might actually move on this and help this guy. Bad PR and the loss of business is all they'll listen to.

[madrchsod]

6. remember it just not the medical bills....he`ll sue for

pain and suffering,he will always have a bullet in his back,and the rest of the kitchen a lawyer is going to throw in...if they go to jury the insurance pay out could be in the millions.

[Joesunionreview]

7. Funny thing is...

...that Workman's Compensation was created to stop lawsuits from happening. McDonald's and their carrier are playing with fire, but they know that even if they lose they still are trying to change the way things are done for the worst. It would be a huge win for all corps and comp insurance carriers if they were to prevail and stick the kid with the bill.

[Lerkfish]

20. gee, its too bad mcdonald's doesn't have any millions

:sarcasm:

[Wetzelbill]

8. I just needed an excuse to never eat there again

[RC]

9. Another reason for insurance free National Health Care.

[Berry Cool]

10. Mickey D's is sure bucking for Keith Olbermann's Worst Person in the World status.

I guess they were envious of Wal-Mart.

[Omaha Steve]

13. R #4

We need one more.

[AnotherMother4Peace]

14. K&R - Hope this young man prevails. nt

[ms liberty]

15. My email message to MickyD's...

So an employee courageously stops an assault in one of your restaurants, and for his bravery you DENY paying workmens' compensation for his injuries? What is wrong with you? I will NEVER eat at any McDonald's again...and I will REPEAT THIS STORY TO EVERY MAN AND WOMAN I SPEAK TO IN THE FORSEEABLE FUTURE. You see, I know the value of word-of-mouth - and if you don't care about the safety of your customers, then you don't deserve the hard earned money your customers spend in your business; and your customers deserve to know how little concern you have for them.

[Celebration]

17. Isn't it the insuror that is at fault

Rather than McDonald's? Am I missing something? Look I would never eat at a McDonald's anyway, but I don't think this decision has anything to do with the national McDonald's. It is a franchisee's stupid insurance company.

Having said that, McDonald's needs to try to use their clout with them.

[MrsBrady]

18. this makes me so angry

the only think I can think of to say is something my husband would say...

but i'd probably get locked for that, so I won't
however, MCD can kiss it. That's the clean version.

[JenaLaw]

19. this is outrageous!

The management at McDonalds should be marketing the hero concept, not trying to cause secondary pain and suffering on this guy...

They probably have some fine print in the employee handbook that says they can expect bullets -- and supersize them if desired ((sarcasm))

No more McD's for me...and that sucks, as it is the only place open after 11pm where I live, and many nights I don't get home till well after 11pm!

[flpab]

22. guns and fast food places

I live in Fl and they have bars on some of the drive thru windows. We had a women that was shot in the face last year. I wrote to them, see what it does. I hope the media jumps on this quick.

[Earth Bound Misfit]

21. UN-BEE-FUCKING-LIEVABLE...

It never ceases to amaze me how these Mega-corporations never miss an opportunity to miss an opportunity in cases such as these. Aside from being just plain morally decent, Mickey D's could have gained an enormous amount of good PR by just DOING THE RIGHT THING. Instead, they look for any legal loophole or technicality they can find to avoid paying a claim. Now they face the very real prospect of an angry public, already angered by corporate bailouts, boycotting their businesses NATIONWIDE. ASTONISHING.

Though the circumstances are entirely different, this reminds me of the recent Deborah Shank-Wal-Mart case.

Here's the story. The Wall Street Journal reported yesterday that Deborah Shank, 52, who stocked shelves in Wal-Mart's store in Cape Girardieu, Mo., was broadsided by a tractor-trailer seven years ago, causing permanent brain damage. Unable to walk without help or communicate meaningfully with her family, she now lives in a nursing home.

Wal-Mart's health insurance plan paid about $470,000 in medical expenses. But after the Shanks sued and settled with the trucking company, Wal-Mart sued the couple and demanded its money back, plus interest and legal fees - more than the $417,477 the settlement had placed in a special-needs Medicaid trust fund for Shank's future health care expenses.

A federal judge ruled that Wal-Mart's health care plan gave them first dibs on any money gained by an injured employee. Such provisions aren't uncommon in health plans, and Wal-Mart isn't the first to enforce one.

To add to the tragedy, shortly after the judge ruled against the Shanks, their son, Jeremy, was killed in Iraq. The Shanks have two other sons.

:grr: :grr: :grr:

ETA: Well done Joe! Thanks for posting this.