McDonald's McScrews Hero Out of Money [UPDATED]

UPDATE, 4pm EST, 2/25:

A Huffington Post commenter has received the following email from McDonald's:

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

Hopefully it won't come down to Mr. Nosler paying for Haskett's medical costs out of pocket, but regardless, this is an incredible gesture by the franchise owner.

***

Original McDonald's McScrews Hero Out of Money post:

Eyebrows are raised as high as golden arches at the colossal cold-heartedness that McDonald's has shown in regards to the treatment of its employee, Nigel Haskett.

Last summer Haskett was working at a McDonald's in Little Rock, Arkansas when he jumped from his post to take down a man who was abusing a woman in the fast-food joint. As the two men tussled, Haskett was shot multiple times. His recovery has required several operations amounting to $300,000 in medical bills. A hero? Not according to Mickey D's.

No, instead the company is pushing to deny Haskett any worker's compensation that could go towards paying down his medical debt and moving on with his life.

According to the Arkansas Times,

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."

I'll admit that I do understand the argument McDonald's is making: their employees are told not to play hero and that they should let the cops deal with any problems, so therefore Haskett should never have gotten involved in the first place. But Haskett denies that he was ever informed of this policy, and frankly, having seen how well-trained most fast food employees are, I'm gonna believe him. And anyway, what kind of message does that send to your employees, let alone to the customers? "Come to McDonald's, We'll Always Turn A Blind Eye!"

Chances are McDonald's will be shamed by the press into playing nice with Haskett. That would be wonderful for him, I'm sure. But it's incidents like this that should be eye-opening to all Americans. Lately we've been asking people to do their part and pitch in, that we need to look out for each other no matter the personal cost. A 21-year-old kid heeded that call and nearly died in the process. Corporations, apparently, haven't gotten the message yet.

Comments

[CouldntPossiblyBe]

I can understand the reasons for not paying, yet I'm on the fence on this one. Should the employee have tried some other means to stop the attack first? Definitely. He went from zero to sixty with no stop in between. Would I have wanted someone to come to my aid? Certainly. I admire his willingness to intervene on behalf of the victim. But paying this young man's bills sets a dangerous precedent.

On the other hand, there's the case of Taneka Talley, a Dollar Tree employee in Fairfield, CA, who was stabbed to death at work by a total stranger who walked into the store and killed her simply because she was African-American. Dollar Tree and workers' comp finally agreed after nearly 3 years to pay benefits to Taneka's son, but only after being publicly shamed by the local press coverage. This case is clear-cut. Taneka would not have died that day if she had not been at work doing her job. She did nothing to provoke the man, yet her family had to fight to get what they deserved for Taneka's son.

[huntunseasun]

Please. Same policy as walmart. If an employee tries to stop a shop lifter, whether calling out to the peon or physically attempting to hold them back, walmart will fire you. If you make a call over the intercom, describing the crime in progress, they will fire you (I participated in all three examples. Afterwards, I'd go get a bag for the would be thief; there's two ways to make safe your life) And if hurt during this process? They deny coverage. Saw it many, many, many times in my six years employed in Fayetteville, NC.

[IndianaJohn]

That's probably their policy because some of their employees tackled a customer they suspected of shoplifting and sat on him until he died of a heart attack or suffocation or something and Wally-World got sued for millions. Leave law enforcement up to the professionals.

[luvdata]

One would think a company the size of McDonalds could chip in a few $ to help out a small business owner. Instead, they send us this lovely note passing the buck. I sent an email asking if they might consider helping out Mr. Nosler. The email link was right next to the one labeled "corporate responsibility."

[Repub4Obama]

The employee didn't call the cops, reacted within seconds, and assulted a paying customer. He didn't approach and ask the patron to leave or to stop hitting his companion. Brave, yes. Stupid, yes. In the job description? Only if you work for Blackwater.

I bet the state refuses to grant workman's comp, and wins the appeal. This was a stupid, non-work related activity and neither McDonalds, the state, nor the franchise owner should pay.

[kudzumaster]

He did the right thing--a thing that most people are too cowardly and self-involved to understand. I hope that if me or mine ever need rescuing, we are in the presence of a brave individual such as this one, rather than cowardly individuals who think that calling 911 and going on their merry war are enough to assuage their tentative facade of community duty.

[kudzumaster]

I'm going to have to be harsh here, but I don't see any way around it: A split-second reaction time to save someone is only a bad thing to a coward.

He did the right thing--a thing that most people are too cowardly and self-involved to understand. I hope that if me or mine ever need rescuing, we are in the presence of a brave individual such as this one, rather than cowardly individuals who think that calling 911 and going on their merry way are enough to assuage their tentative facade of community duty.

[repearwo]

Individual action in the workplace is not the same as individual action in private life. In the workplace there are other things and other people to consider. As commented here often let the people trained to handle these matters do so.

THe question is the training. I have to disagree with David Weiner's assessment of McDonald's training. I am no fan of McDonald's, but I know that where ever I go when I order a Big Mac it is the same as everywhere else. McDonald's is not the same wonderland of incompetence that is Fast Food in the US.

The "hero" is out of place in work place response to criminal behavior, call 911 first. Then by all means never engage a person in the act of a violent crime. This is not cowardice it is common sense. What would the verdict here be if the perpetrator had not stopped by shooting the "hero" and had taken shots at the other employees, or a stray bullet in the fray had landed in someone else.

The US people live in a false view of the romantic west where the lone man takes on the rouges and wins. It was rarely true in real life.

Stop Think and call the cavalry, take any action at a distance, and if there is a need to actually engage a perpetrator remember you are on your own, do not expect reward for your action. Isn't that what a hero is anyway.

[andvoodoo2]

Re: the update to the article. It is an incredible act of generosity if the franchise owner does pay the employee's medical bills.

[AngieMom57]

I have not seen the video, yet I have kept up with this story...love the headline ;-)

[andvoodoo2]

Watch the video. It may change your opinions about the story.

[rabiddog6708]

You deserve a break today......so eat somewhere else.....somewhere where the food doesn't tast like the stuff usually deposited in the toilet.

[carter2009]

As a former McD Corporation employee, I am not suprised to note that the corporation and their franchisees are still up to their old tricks. I worked in a corporate accounting department for five years until I was injured in an elevator accident in the building where their office was located. The result of the accident in 2002 was a fractured spine, several heavily damaged discs, a lot of pain and total denial of any benefits of long term disability by the company. I was harrassed for paperwork each month for two years ( the length of federal leave act) until I was terminated by the company. The corp. filed a workman comp claim for me without my knowledge, used the wrong address, and I had 24 hours notice to find council and appear at Workers Comp for hearing. At said hearing, I was informed that since the elevator dropped three or floors with me INSIDE, and I was 30 minutes early for work, and had not arrived inside our suite that this accident occured outside the scope of my employment and I was not eligible for disability. Still had long term disability coverage as a benefit of my employment. So I filed for LTD. I was denied. Five years later, after the company long term disability insurer was forced by the Dept. of Labor, my case was reviewed and I won my disability claim. McDonald's does not want to see you smile if you are injured on the job.

[lsloan]

I'm glad to see the update at the top of this article. After reading the original text yesterday, I emailed McDonald's, too, and I received the same response. The reference number at the end of the response was "ref#:5809253".

I hope that things work out well for Mr. Haskett and that McDonald's and Mr. Nosler make good on their promises. I hope that like the Huffington Post, media that has brought attention to the original problem also publicize the promise of help to Mr. Haskett. The additional coverage may help ensure that he gets what he needs.

[barriosbabe]

As a lawyer (who used to prosecute other lawyers for ethical violations) I'm amazed at how easily the whole American health care debate has shifted away from the most important issues we need to discuss now: single payer access _and_ what in jurisdictions like NZ are/were called "no fault." The no fault health insurance concept in practice means nobody fights you on the bill .... the assumption is that the single payer system covers it.

Why are we the only modern country without it?

We are the only modern country without good national health care, without good national rail systems, without safe infrastructure ------ Hey! A pattern!

[kannadzuki]

Your health care may be the worst in the developed world, but Canada doesn't have decent national train lines either. It costs more to ride a train there than it does to fly between two cities. Meanwhile in Japan I can hop from one town to the next on usually frequent, highly convenient trains for less than $5 a ride. Vibrant public transit systems are a dire necessity in North America. Our car culture is killing us.

[kareemachan]

I was blown away by the transportation system in Japan. Between trains and the subway system, getting around the country was blessedly easy and cheap - and the people were more than ready to help me get on the right train! We're in the middle of transportation woes here in Washington state, and when I think of what we could have, I just have to sigh and remember my blood pressure.

[GonzoFactor]

Passenger rail is a great idea if your population is fairly concentrated, like in Japan. It's not too hard for people to get to the rail stations, and most trips taken are less than two hours, including for commuters. The US is so spread out that it's not all that effective an idea except within metro areas.

I agree, I'd love to take express trains across the country or from my town to the closest large city. But the investment would be titanic. I'm hoping that new technology will make construction and operation cheaper. For that matter, I'm curious what Japan's total rail budget and per capita annual cost are.

[Dannydel]

Same for Australia. Everyone is covered. They add a 1 1/2 - 2% Medicaid addendum to your income tax. Of course over here, the republicans term that kind of universal healthcare 'Socialism'. Our greedy capitalist system, until it is fixed and the thieves at the top punished, precludes this type of care for us lesser mortals.

[IndianaJohn]

Think of how much money is wasted investigating and litigating claims with questions about whether or not they should be covered by insurance. None of that expense adding one bit to the quality of care we receive.

[frederico]

The insurance companies and Big Pharma DON'T want us covered. They just want to make profits so their stockholders can receive big dividends. The more stock you own, MR. CHAIRMAN, the bigger your dividend payments.
We are no longer a modern country. We are a joke, made even bigger by the former administration and even earlier by New Gingrich's Republican congress.

[AgnesBankhead]

kudos to mr. Nosler for stepping up and saying all the right things ---

let's hope that his statement is sincere and not something written by a McDonald's PR flack ...............

[ihateusernames7]

So McD is willing to pay millions to some stupid woman who spills coffee in her own lap (who on earth doesn't know regular coffee is hot, honestly??) but won't put up what amounts to chump change to pay for some medical bills for someone who decided to do the right thing in a heated situation? If employees were to learn a lesson from this, a patron who was being beaten/ass­aulted/mur­dered in front of their eyes should expect the McD employees would stand in place, call police, and offer no assistance. Would you like to live in that sort of world if it were your mother/sis­ter/daught­er being beaten in public?

[DCinFrance]

First, McD wasn't willing to pay anyone anything, and got that suit lowered to 650k (and after having knowledge of over 7000 prior injuries including third degree burns, but not lowering the temperature of their coffee because they sold more coffee at above industry standard temperature, should have been made to pay it all).

In truth, this guy made a decision, perhaps even a heroic one, but it ran against stated and published company policy. Further, the original story seemed to be a bit biased. Nonetheless, no one is willing to pay anything. Not the government, not the hospital, and not any insurance that might exist (and probably doesn't) and certainly not McD. Now, this private franchise owner says he'll pay. Good of him. It's not corporate McD making this offer.

On the bright side, he probably has a suit against McD concerning their lack of effective security policy and training that directly led to his injuries. You might say "who on earth doesn't know gang members are armed and dangerous", but I think not.

[haramagoti]

"within the course and scope of his employment"

mcdonalds is that the price you value life? billions and billions Sold is right

who's to say he didn't save someone, anyone or everyone's life that night there? how would Roy Nosler feel if he were being in her place, being with someone at that level of lack of self control as to shoot a brother at all.

a rare transparency and a boycott should ravage their tables empty

[frederico]

What if another patron had stepped in, tried to help out and got shot instead? Any number of people could have been hurt if the restaurant was crowded. Then the owner and McDonalds would both be facing big lawsuits for some kind of negligance. So an employee tries to protect a patron who he sees is in danger, gets hurt in the process of protecting the owner's property and interest, and has to pay for the injuries himself.
Obviously McDonalds doesn't care if their patrons have a safe environment in which to dine.

But that's the American Corporate way: Don't pay decent wages, don't provide healthcare, bust unions, do the bare minimum for the most profit, and get your lawyers and flacks to defend your actions.
They'll pay $250 an hour for a lawyer before hiring security or giving out a raise of 10 cents an hour making sure their establishment is secure for patrons and employees.

[dan-o]

It shouldn't matter that it was out of the scope of his employment because part of the deal in the creating of work comp was that employees could not sue the employer and employers had to cover workers injuries. This case shows the corruption that has taken over the work comp system and the total power of insurance companies to make the injured workers life a living hell. It is standard operating procedure for employers or insurance companies to automatically deny WC in order to get the employee to settle for dimes and give up rights to future medical care. There are many, many horror storys about innocent employees (not fraudulent claims) being bankrupted and made homeless by refusal to pay and the years that work comp takes to run through the WC court system.

[barriosbabe]

Thank you for saying that.

The system is so broken.

[nicholasjh1]

I didn't have any problem at all with it, but I suppose it may be different in each state. I was in Michigan.

[IndianaJohn]

His medical bills would not be an issue of we had national healthcare, like all of the other prosperous nations.

When I worked at a restaurant, I was told to call the police and let them confront a violent customer because, "they might have a gun."

In the video, the man struck the woman, but then took a step away from her. Tackling the man at that point was clearly not the way to defuse the situation. This is why confronting violent people is the job of the police. They know how to handle violent people, are authorized to do so and are covered for any injuries they sustain - because those injuries definitely arrise from their work duties.

If you have to get involved in a violent situation, try shouting "stop" or "hey, this guy's hitting her, someone call the police" or something of the sort, but don't tackle the guy. These days, the chances are good that he's got a gun.

[richdibo]

Over a 10 year period there were more than 700 claims by people burnt from McDonald's scalding coffee, a problem they chose to ignore. Add some McPropaganda and it becomes our entire fault—we are personally irresponsible if we drive with a cup of scalding coffee. We forget that an outraged jury expressed their contempt for McDonalds by aptly punishing them for their “reckless, callous and willful conduct.” What is a couple of extra pennies when compared to human suffering and pain? http://www.lectlaw.com/files/cur78.htm They insult us with their marketing: McEverything and give us a big, big-shoed clown in a fantasy town. You really mean 100% “real beef!” Fries taste “crispy.” Remind us about the high quality. Never mind about healthy meal—a little toy for every boy. And their “thick frosty shake”—so thick you turn blue and get dizzy while trying to suck the straw. (Hey wait a minute, I ordered a milk shake—this glob is non-dairy.) And those abused, wage-minimized and faceless employees under “McDonald's Law,” who serve us with their forced smiles? And above all, don’t tell us how bad we are—we will get our high-priced lawyers and sue you. (Google the “McLibel” case.) We think that we are all innocently in a hurry; but it is our own Mcfuckin fault—we allowed it, and continue to do so.