McDonald’s Worker Denied Worker’s Compensation After Being Shot on Videotape

thumb_1235091362625_0p019116444479984618It was bad enough when Nigel Haskett was shot at McDonald’s in Little Rock, Arkansas. The worker had rushed to helped a woman who was struck by a man and was shot three times. He was then told by Claims specialist Misty Thompson with insurance company Ramsey, Krug, Farrell and Lensing responded, that he had no right to worker’s compensation for his injuries. Hasket required three surgeries at a cost of $300,000 in medical bills and six months recovery.

In her statement, she states “we’ve denied this claim in its entirety, it’s our opinion that Mr. Haskett’s injuries did not arise out of or within the course of his employment.”
Haskett’s boss Ray Nosler is trying to help with the creation of a fund and had no role in the denial of the claim.

What is particularly galling for many is that the insurance company noted that Haskett violated McDonald’s policy, which says in a robbery situation it tells employees not to do anything that would put themselves or anyone else in danger. Nice.

McDonald’s, it seems, could do a bit more here as a company. One obvious act would be to support him in his claim publicly and pledge to cover his expenses. While the policy may be to encourage employees not to try to thwart a robbery, this was an effort to protect a woman and customers from a violent individuals.

This is not a unique situation. Walmart fired two managers in 2007 for thwarting a robbery. Yet, in another case, employees were fired for not taking action that they believed would have resulted in being shot, here.

For the full story, click here.

31 Responses to “McDonald’s Worker Denied Worker’s Compensation After Being Shot on Videotape”


  1. 1 buddhaislaughing 1, February 21, 2009 at 9:00 am

    Ramsey, Krug, Farrell and Lensing and McDonalds.

    Glad to see your priorities are just were a good fascists should be – in your pocketbook instead of doing what’s right by an employee protecting, now what was she again, A CUSTOMER. You know, the ones WHO GAVE YOU THE MONEY IN THE FIRST PLACE. With your “Billions Served”, you can cough up for this heroic kid’s medical bills and then some, you ungrateful bastards. Just another reason to give insurance companies the finger and not to eat artery clogging McGarbage.

  2. 2 rcampbell 1, February 21, 2009 at 10:17 am

    A lot of them owe Bush — and us — apologies.

    Ha Ha Ha Ha Ha Ha Ha Ha….(continuous laughter)………….Ha Ha Ha ….(more continuous laughter)…………..Ha Ha Ha.

  3. 3 buddhaislaughing 1, February 21, 2009 at 10:30 am

    What We the People owe you is a swift kick in the ass if you want to be honest about it.

  4. 4 Jill 1, February 21, 2009 at 10:33 am

    Apology for hoping that the rule of law would be restored? I think not. This was wrong when Bush did it and it’s wrong now that Obama is doing it. There were many detainees who were moved to Bagram, out of sight, out of mind, to keep them from exercising their legal rights and to prevent oversight of their situation. Obama is continuing a policy of lawlessness and injustice. People voted for him to restore justice to this nation. In nearly every case he has taken the part of unbridled executive power and lawlessness. It is time to stand up as a large group of citizens and say NO. I believe it is time for a large protest in Washington DC, against the order for troops to be sent to Afghanistan and against executive power run amok. We need our country back.

  5. 5 Jericho 1, February 21, 2009 at 10:39 am

    I think I agree with the insurance company statement on this one. McDonalds shouldn’t cover the expenses, the shooter does.

  6. 6 buddhaislaughing 1, February 21, 2009 at 10:49 am

    The problem with that Jericho it that it isn’t McSwill’s money the insurance company is protecting, it’s theirs. That in no way abrogates the ethical responsibility that his employer owes both him and the customer he protected.

  7. 7 mespo727272 1, February 21, 2009 at 11:22 am

    This is a typical response by the insurers who ignore the purpose of worker’s compensation which is to promote compensation for injured workers. My guess is they have a multitude of defenses such as violation of safety rule, arising outside the scope of employment, not arising within the course of employment blah, blah, blah. They forget the workers compensation acts were passed with the deal that workers would relinquish their rights to sue their employers or co-employees for negligently inflicted injuries in exchange for the promise that compensation would be easily obtained though substantially less than what would be given in a court of law. Another conservative backtrack on a social compact to help the poor and working class.

  8. 8 rafflaw 1, February 21, 2009 at 11:27 am

    Good morning,
    Is that a new avatar Buddha? It looks nice. In the banks that I have worked at, their policy is similar to McDonald’s policy to cooperate and do not try to stop a robber. In this case, the assailant was physically harming a customer so I understand why the employee took the action that he did. Just because the worker acted outside of the company policy,he was still at work and should be covered by the workers comp policy. Even if the insurance company is within its rights, and that is an if; McDonald’s should do the right thing and pay the bills for this courageous employee. I agree with Buddha that the company owes an ethical duty to the employee.
    Jill,
    I am with you on the executive power complaint, although it is still a little early to give up on Obama, but I don’t think we can leave Afghanistan yet. It has been screwed up for years now because of our mistake in Iraq, but it does need to be handled. We need to cut the head off of al-Qaida militarily and by rebuilding the country and its people’s hopes. It won’t be solved by the military alone, but with the correct emphasis on bringing al-Qaida to justice, while dealing with the social issues, it can be done.

  9. 9 Jon Abbey 1, February 21, 2009 at 12:35 pm

    Buddhaman: You are definitely a dragon. PUFF the Magic Dragon…..

  10. 10 Jill 1, February 21, 2009 at 1:13 pm

    rafflaw,

    I’m not saying to give up on Obama. I’m saying it’s time to show him that he may not move against the will of the people. Protesting to make our leaders accountable is important, otherwise they will assume we don’t have a problem with what they are doing. Afghanistan is a mess. In my opinion we can’t work a military solution there any more than the Soviet Union could. We need a Marshall Plan for that nation.

    As to McDonalds, I agree with those who say they should pay these expenses. Even if the company has no conscience (which they don’t), they could look at it as $300,000 worth of good will. Think how people would look at them if they came through for this employee. They are foolish to take this stand.

  11. 11 Mike Spindell 1, February 21, 2009 at 1:44 pm

    One of the great American scams has been its’ insurance industry.
    All of us have grown up to commercials and adds extolling that these companies care for us their consumers. How many years have we been told?: “You’re in good hands with Allstate;”"Own a pieces of The Rock;”"State Farm cares about you;” and other indications of how willing these companies are to aid us in times of need.

    Doesn’t everyone now realize that this represents well honed, effective propaganda to disguise the fact that it’s all about the bottom line and not about the insured, or those put in harm’s way by the insured? Insurance of all kinds of course represents a valuable service that all of us, save for the ridiculously wealthy, vitally need. However, by their nature as corporate entities they are only motivated by their bottom line profits, not by the need to serve their alleged purposes. This is true although an excellent argument can be made that by actually doing what the promise they could even be more successful.

    This kid may have violated company policy, but he did it to protect customers and he was at work. The insurance company’s
    denial was bogus even though it has the makings of a legal argument. At the very least the McDonald’s Corporation should step in, get some great PR and indemnify the kid.

  12. 12 buddhaislaughing 1, February 21, 2009 at 1:48 pm

    And let’s be real about it. 300K, hell, 500K is less than what they pay to develop let alone start an ad campaign.

  13. 13 Mike Spindell 1, February 21, 2009 at 1:56 pm

    Hoss,
    Lots of words written, but what’s your point?

  14. 14 buddhaislaughing 1, February 21, 2009 at 1:59 pm

    Yeah, unions are such a bad idea when your a fascist bent on making your workers deal with unsafe conditions, slave labor wages, abusive practices by management (that have also included violence in the past and are likely to again). Because one worker can’t fight back.

    I got one thing to say and that’s the Battle of Matewan, May 19, 1920.

    Hey, anti-union, your fascism is showing.

  15. 15 whooliebacon 1, February 21, 2009 at 2:02 pm

    My feeling always has been to immediately remove all US troops from Iraq and Afghanistan.

    Now if this happens, what is the effect on the economy. A reported 40% of our soldiers are national guard or reserve. What are their job prospects?

    President Obama has quite the dilemma.

    “In 1972, Kroc lobbied Congress and the White House to pass new legislation, known as the McDonald’s bill, that would allow employers to pay 16 and 17 year old kids wages 20% lower than the minimum wage. This would reduce the wages of many of its workers to $1.28 an hour.”

  16. 16 Mike Spindell 1, February 21, 2009 at 2:05 pm

    Hoss,
    Now I’ve got it! A troll utilizing his logical skills with non sequitur. You of course know the definition of non sequitur: Off the point (of your head perhaps).

  17. 17 buddhaislaughing 1, February 21, 2009 at 2:06 pm

    The secret of comedy is repetition.

  18. 18 Buddha Is Laughing 1, February 21, 2009 at 2:16 pm

    You lack focus. Among other things.

  19. 19 Mike Spindell 1, February 21, 2009 at 3:01 pm

    At least Hoss is able to produce content so we can surmise that he is getting paid by the word. Mayberry on the other hand can barely produce a sentence so he is probably getting paid per comment. however, if neither is being paid for this drivel then it only points out what fools they are and how little they have to do in their lives.

  20. 20 whooliebacon 1, February 21, 2009 at 3:18 pm

    Hoss

    Based on the neocon theory that corruption drives the economy, 400 dollars an hour.

  21. 21 rafflaw 1, February 21, 2009 at 4:05 pm

    Wow,
    Some new Von Troll family members have infested this thread. We will have to find a troll exterminator on Craigs List.
    Jill, the Russians lost in large part due to our financial and military support of the Aghan freedom fighters. They also were not attacked by extremists based in Afghanistan. I also stated that we cannot win it with the military alone. We have to win the hearts and minds and that is a tough job after the mess caused by the Bush Administration.

  22. 22 rcampbell 1, February 21, 2009 at 4:26 pm

    mayberry
    1, February 21, 2009 at 2:15 pm
    ‘Stock Market Gives Obama’s First Month An ‘F”…

    As if anyone cares about THEIR opinion. Since when does one care about the hurt widdle feewings of the clowns who got us into this mess. Geez! Infact, if they give Obama an “F”, then he’s doing the country a great service.

  23. 23 lottakatz 1, February 21, 2009 at 5:25 pm

    “whooliebacon
    1, February 21, 2009 at 3:18 pm
    Hoss

    Based on the neocon theory that corruption drives the economy, 400 dollars an hour.”

    Loved the answer but considering the wage ratios between the lowest paid and highest paid workers in fortune 500 companies the burger slapper should be getting about 400 time his/her minimum wage so that works out to around $3000.00 an hour, and lets not forget the stock options, golden parachute and retention bonus. I sure hope this story gets some play because McDonald’s need s general boycott until they do the right thing. I’ll pass the link on to other blogs I read.

    “buddhaislaughing
    I got one thing to say and that’s the Battle of Matewan, May 19, 1920.”

    If my memory for labor history is correct wasn’t the Matewan uprising the second largest armed insurrection in the country’s history? As well isn’t that where the insurrectionists took to identifying themselves with red bandannas around the neck (to differentiate from the local and Pinkerton hired guns) and the term ‘redneck’ was born. Ghod bless unions.

    Jill, I haven’t given up on Obama- his time in office is only 31 days after all. But I do start my day emailing the White House as elected officials as appropriate to what’s on my mind. If everybody that wrote an email to a blog to b**** about a politician started the day writing (or telephoning, if they have the money) that politician the Republic would probably be in better shape. Stay optimistic.

  24. 24 CCD 1, February 21, 2009 at 8:54 pm

    Nigel Haskett was advancing the benefit of his employer. Looks like he was on the clock, (in uniform) and his actions take place on company property. I hope the Workman’s Compensation Judge rules in his favor.

  25. 25 lottakatz (stay'n optmistic in spite of the news) 1, February 22, 2009 at 12:47 am

    Jill,

    Your call for more protest “Protesting to make our leaders accountable is important” is encouraging. I’d like to see much more of it. I have a health problem or two so my marching days are over and that’s a real loss to me. Now I just pace around my living room to bleed-off politically motivated frustration- bah, humbug!.

    I think people forgot how good they make you feel to just get out in the street and march around ‘in common purpose’. It really improves your mental health. One of the most heartening things I saw recently was the spontaneous demonstration spring up on wall street during the first TARP debate/battle. It was inspiring.

    The crowds that President Obama would attract and the celebrations they would become brought tears to my eyes. We’ve still got the spirit in us, I just don’t know how it can be tapped in a sustained manner. Maybe things still aren’t bad enough to get people out into the street. Maybe it’s a generation of fast food that’s clogged us up and constipated our urge to physical activism. Another good reason to stop eating at McDonnalds ;-)

  26. 26 Buddha Is Laughing 1, February 22, 2009 at 10:34 am

    Hey, I just noticed I got a promotion.

    From dragon to magic dragon. Cool.

    Although I’ll stick with my current nick. Baphomet Is Laughing doesn’t have the same ring to it.

  27. 27 Sally 1, February 23, 2009 at 8:01 am

    I bet if this guy sued, he’d lose solely on the basis that he was not drunk at the time. If this employee had been drunk, then he would have had a case.

    It seems that others have been so sucessful at suing for injuries caused by their own stupidity while drunk, so why not be drunk at work? It wouldn’t have been his fault that he was drunk at work…it would have been his neighbors brother’s best friends mother’s aunt’s sister-in-law son’s best friend fault. Not his.

    McDonald’s food is disgusting anyways

  28. 28 Buddha Is Laughing 1, February 23, 2009 at 8:59 pm

    McGreedy’s is getting a fair amount of backlash on this.

    http://www.huffingtonpost.com/david-weiner/mcdonalds-mcscrews-hero-o_b_169048.html

  29. 29 Buddha Is Laughing 1, February 25, 2009 at 6:05 pm

    UPDATE

    And a good one! McD’s released this statement and e-mail but Mr. Nosler (you’ll see) is a stand up fellow.

    “Thank you for taking the time to contact McDonald’s to let us know your thoughts on this unfortunate incident.

    This restaurant is an independently owned McDonald’s and an insurance claim is still pending. As such, it is not appropriate for us to comment on it, however, the owner/operator, Ray Nosler, has shared the following statement publicly about this case:

    February 24, 2009
    My highest priority is the safety and security of my customers and employees.

    I stand behind Nigel Haskett. I believe he acted as a Good Samaritan. Concerning the critical matter of his medical expenses, it is important to note that the Arkansas Worker’s Compensation Commission ultimately decides the outcome of his claim. As part of this process, Nigel’s case will be presented to a Worker’s Compensation judge, who will review all of the facts and decide on the case’s merits.

    McDonald’s supports Nigel’s claim, and fully anticipates the judge in this process will find in Nigel’s favor. As a safeguard, if for some reason his claim is denied, and other insurance options are unavailable, I intend to cover the cost of his medical expenses.

    I’m doing this because it’s the right thing to do for Nigel.

    Ray Nosler, McDonald’s Owner/Operator

    Kayla
    McDonald’s Customer Response Center

    ref#:5808350″

  30. 30 CCD 1, February 25, 2009 at 6:24 pm

    Ray Nosler, McDonald’s Owner/Operator

    Ethical Champion du jour!

  31. 31 PatricParamedic 1, April 23, 2011 at 2:36 pm

    How basic human empathy has deteriorated at the Golden Arches.

    In July, ’84, my partners & I entered McDonald’s San Ysidro after a madman had shot 40 people – including kids with french fries in their hands.

    The next day – with her attorneys begging her not to do it – Joan Kroc sat down at a folding table at the massacre site and wrote out $100,000 checks to those who lost a relative, “because I felt like I had to do something.”

    She then went to the hospitals all over San Diego, to visit the wounded.

    Of course, many of those who got the big bucks used their checks to hire a Hispanic law firm, which in turn filed a monster class action suit.

    But the initial humanity was there, and it was an impressive thing to see.

    Those of us who knew Joan Kroc also knew she was a witch on wheels.

    Until somebody got hurt.

    There’s a moral here somewhere.


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