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What’s Wrong With Michigan Workers Compensation? Worker Who Defended Customer Left with $300,000 Medical Bill By McDonald’s

Written by: Terry Cochran

Article Overview: An employee working for McDonald's tried to help a customer, who was being badly beaten in the restaurant, was shot three times and had to undergo three surgeries which cost more than $300,000. The insurance company for McDonald's refused to pay the hospital bill. What's wrong here?

What’s Wrong With Michigan Workers Compensation? Worker Who Defended Customer Left with $300,000 Medical Bill By McDonald’s

Nigel Haskett, 22, was working at a McDonald’s restaurant in Little Rock Ark., in August 2008 when a man walked in and began beating on a female customer, striking her in the face and knocking her down.

Haskett, who had been working at McDonald’s for six months, got involved, pushed the man out the door, and blocked the entrance. The assailant pulled out a gun and shot Haskett in the chest. The shot pierced his aorta, liver and pancreas, requiring three surgeries. That’s a heavy price to pay for being a hero.

Unfortunately, it’s a $300,000 price Haskett might have to pay alone because McDonald’s insurance company refused to pay Haskett’s medical bills, basically telling him to be a hero on his own time.

A McDonald’s surveillance video shows Haskett stumbling back from the impact and collapsing inside the restaurant. Clearly, or so it would seem to all reasonable people, the shooting was a work-related injury. But we cannot expect that insurance companies and Corporate America will always be reasonable. In my home state I have found that Michigan Workers Comp is seldom reasonable neither.

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.” In testimony, the insurance company says McDonald’s policy says employees should call 9-1-1 and not get directly involved when one of their customers are being attacked.

As an attorney who represents workers like Nigel Haskett in Michigan Worker Compensation cases, who are denied insurance coverage for on the job injuries or accidents, I can attest that this case is not unique. In my state denials of legitimate Michigan workman comp cases are very commonplace. I’m sure the same is true in other states. The only reason the public knows about Nigel Haskett is because it is such a travesty.

Clearly McDonald’s insurance company is refusing to pay for his medical bills due to a work rule policy they are trying to hide behind. That is so wrong on its face that the media has picked up on the story and made the public aware of Nigel’s fate. Unfortunately, the Nigel Haskett story occurs in some form every day in America because the insurance industry can be depended upon to deny legitimate claims without reason. Saving money, not fairness, always is the aim.

While a typical injured employee does not understand his rights under the law, a typical employer is very much aware of how the system works and will do what must be done to eliminate any legitimate employee claim, whether it is health insurance, workman’s comp, unemployment payments, or anything else that touches his pocketbook.

Every week hourly workers struggling to survive on average or below average wages get hurt on the job and their employers deny any legitimate claim that is filed. The denial of claims is automatic, requiring workers to file an appeal, hire an attorney, and go through the appeal process to receive justice.

Employers have the money to spend on “hired gun” doctors and other experts who will testify at appeal hearings in exchange for a paycheck. The carefully crafted testimonies of these experts are not lies but by design does not purport in any way to be the truth. And so an hourly worker paid near-minimum wages must fight against the high-priced attorneys, “hired gun” doctors, and high-powered “experts” hired by corporate giant McDonald’s to avoid reimbursing the $300,000 we all agree he is due.

This is so wrong! The bottom line is that McDonald’s needs to instruct its insurance company to do the right thing and pay Nigel Haskett’s medical bills and give him his job back. And not just McDonald’s that needs to be accountable and act with fairness.

American businesses and insurance companies need to behave like responsible citizens and quit hiding behind laws, rules and procedures that undermine our faith in capitalism and democracy. And our elected officials need to pass laws that stop this type of greedy, thoughtless and cruel behavior from happening in the first place.

A return to American values of decency, fairness, and responsibility will correct what is wrong with Corporate America.

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Article Tags: aorta, assailant, comp cases, compensation cases, corporate america, denials, female customer, haskett, insurance companies, insurance company, insurance coverage, krug, medical bills, michigan workers, own time, work related injury, worker compensation, workers comp, workers compensation commission, workman comp
Referred by: http://www.westwindcos.com



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