McDonald's denies workers' comp claim for heroic employee

In August 2008, a man entered a McDonald's restaurant in Little Rock, Ark., and started beating a customer, his girlfriend.

Employee Nigel Haskett intervened in the attack, pushing the man out the door and blocked the entrance with his body. That's when the enraged man pulled out a gun and shot 22-year-old Haskett three times. The entire incident was captured on surveillance video.

Haskett survived the attack, but he spent more than a month in the hospital and racked up more than $300,000 in medical bills from multiple surgeries.

After the incident, McDonald's and his community hailed Haskett as a hero for risking his life to help a customer.

But apparently, heroism wasn't part of Haskett's job description. McDonald's recently denied Haskett's workers' compensation claim because his injury "did not arise out of, or within the course and scope of his employment," according to a letter from his insurance company.

“McDonald's position now is that during thirty-minute orientation Mr. Haskett and the other individuals going through the orientation were supposedly told that in the event of a robbery or anything like a robbery . . . not to be a hero and simply call 911. Mr. Haskett denies that anything like that was even mentioned during orientation or at any time during his employment with McDonald's.”

News outlets around the country, including The Arkansas Times and ABC News have picked up this story, and there's been quite a public outcry against McDonald's and in support of the heroic employee, Nigel Haskett.

It remains to be seen whether Haskett will eventually get workers' comp benefits, as his case is pending before the Arkansas Workers' Compensation Commission.

Workers' comp laws vary from state to state, but one of the commonalities is that an injury must occur within the course and scope of employment to be compensable under workers' compensation. Ultimately, that will be the legal issue upon which this particular case is decided. 

Other than law enforcement and security guards, dealing with an abusive gunmen isn't within the normal scope of  most jobs. But that doesn't preclude someone who is assaulted at work from collecting workers' compensation. It will be up to Haskett's attorney to prove to the workers' comp commission that Haskett deserves benefits.

For what it's worth, the franchise owner of the McDonald's where Haskett worked has pledged to personally pay for his medical bills if insurance doesn't cover them. While that's a noble thing to do, the franchise owner's gesture won't provide for long-term benefits, salary compensation and ongoing health care that Haskett may require because of his injuries.

The surveillance video of the Little Rock Arkansas shooting has been pulled from YouTube, but you can go here and here to see news coverage of the shooting and Haskett's workers' compensation claim.

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