View Poll Results: Is the McDonald's employee entitled to workers' compensation?

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  • Yes

    11 73.33%
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    4 26.67%
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Thread: McDonald's: No workers comp for employee shot protecting patron

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    McDonald's: No workers comp for employee shot protecting patron

    IMHO, I am not sure if McDonald's owes him workers' comp, because I don't have all the facts in this case. McDonald's image, however, will become a bit tarnished over this incident.

    One thing for sure, though, the employee who got shot defending the victim of a beating inside the restaurant is definitely a hero.

    What do you think? Does the McDonald's employee deserve workers' comp? Explain why or why not.

    Article is here.
    Last edited by danarhea; 02-22-09 at 08:36 PM.
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    Re: McDonald's: No workers comp for employee shot protecting patron

    McDonalds is going to get told whether or not to pay out the workers comp. Workers comp is heavily regulated by the states, even though its sold through the private sector. Hopefully, the kid will win the lawsuit here.

    If this McDonald's is corporate, I would imagine they have their own "insurance" company and self insure and thus it is actually McDonalds denying the claim, rather than a third party insurance company.
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by WI Crippler View Post
    McDonalds is going to get told whether or not to pay out the workers comp. Workers comp is heavily regulated by the states, even though its sold through the private sector. Hopefully, the kid will win the lawsuit here.

    If this McDonald's is corporate, I would imagine they have their own "insurance" company and self insure and thus it is actually McDonalds denying the claim, rather than a third party insurance company.
    McDonald's will end up losing this lawsuit. It's nasty corporate greed at its finest.

    McDonald's prices will be going up to cover the cost of the lawsuit and the damages McDumbasses will be paying out.

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    Re: McDonald's: No workers comp for employee shot protecting patron

    Wow. McDonald's is quite an asshole.

    I don't know how Arkansas laws work, but if this had happened in Ohio I think he would almost certainly be entitled to worker's comp.
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by Kandahar View Post
    Wow. McDonald's is quite an asshole.

    I don't know how Arkansas laws work, but if this had happened in Ohio I think he would almost certainly be entitled to worker's comp.
    There are only 2 states in the US where employers can opt out of workers' comp. Texas is one of them. Not sure what the other one is.
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    Re: McDonald's: No workers comp for employee shot protecting patron

    I voted yes but feel there should have been a "yes, but..." choice.

    I think what we have here is what you would consider a typical response by the corporation when faced with $300 thousand dollars in medical bills. Let's face it, their attorneys are doing their jobs. And certainly that job is distasteful and I don't agree with what they are doing, but this isn't surprising. We've all heard stories about convenient store clerks who fight off robbery suspects only to be fired because they violated corporate policy relating to what they are supposed to do in a robbery. This is no different. And this young mans injuries are precisely why those corporate policies exist. Can you image any company that said "hey, if someone is wielding a gun, take 'em out if you get a chance." Or "protect our property at all costs." Can you imagine the liability involved? It's why they specifically say "don't be a hero, the money isn't worth your life, give it up, we have insurance."

    The obvious difference here is this man was defending a woman who was being battered. This man was doing the right thing and I'm glad he did. I'm sorry he got shot and hope the coward thug that did it spends the rest of his life in jail. But seriously, I can see why McDonalds is denying the claim. If McDonalds were to set a precedent and honor this man's claim, it really puts them in a trick bag. They can't go back on their own policy, a policy designed to protect their employees and limit corporate liability.

    What I think McDonald's should do is deny his claim, but hold a company wide fund raiser to help this hero employee pay his medical bills and recover from his injuries. Maybe a good Samaritan award is in order.
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by Lerxst View Post
    I voted yes but feel there should have been a "yes, but..." choice.

    I think what we have here is what you would consider a typical response by the corporation when faced with $300 thousand dollars in medical bills. Let's face it, their attorneys are doing their jobs. And certainly that job is distasteful and I don't agree with what they are doing, but this isn't surprising. We've all heard stories about convenient store clerks who fight off robbery suspects only to be fired because they violated corporate policy relating to what they are supposed to do in a robbery. This is no different. And this young mans injuries are precisely why those corporate policies exist. Can you image any company that said "hey, if someone is wielding a gun, take 'em out if you get a chance." Or "protect our property at all costs." Can you imagine the liability involved? It's why they specifically say "don't be a hero, the money isn't worth your life, give it up, we have insurance."

    The obvious difference here is this man was defending a woman who was being battered. This man was doing the right thing and I'm glad he did. I'm sorry he got shot and hope the coward thug that did it spends the rest of his life in jail. But seriously, I can see why McDonalds is denying the claim. If McDonalds were to set a precedent and honor this man's claim, it really puts them in a trick bag. They can't go back on their own policy, a policy designed to protect their employees and limit corporate liability.

    What I think McDonald's should do is deny his claim, but hold a company wide fund raiser to help this hero employee pay his medical bills and recover from his injuries. Maybe a good Samaritan award is in order.
    Fund raiser would have been nice, but McDonald's is a corporation. Fundraisers are only for the top brass, and they raise those funds by getting on their knees in front of Congress.
    Last edited by danarhea; 02-22-09 at 09:13 PM.
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by Lerxst View Post
    I voted yes but feel there should have been a "yes, but..." choice.

    I think what we have here is what you would consider a typical response by the corporation when faced with $300 thousand dollars in medical bills. Let's face it, their attorneys are doing their jobs. And certainly that job is distasteful and I don't agree with what they are doing, but this isn't surprising. We've all heard stories about convenient store clerks who fight off robbery suspects only to be fired because they violated corporate policy relating to what they are supposed to do in a robbery. This is no different. And this young mans injuries are precisely why those corporate policies exist. Can you image any company that said "hey, if someone is wielding a gun, take 'em out if you get a chance." Or "protect our property at all costs." Can you imagine the liability involved? It's why they specifically say "don't be a hero, the money isn't worth your life, give it up, we have insurance."

    The obvious difference here is this man was defending a woman who was being battered. This man was doing the right thing and I'm glad he did. I'm sorry he got shot and hope the coward thug that did it spends the rest of his life in jail. But seriously, I can see why McDonalds is denying the claim. If McDonalds were to set a precedent and honor this man's claim, it really puts them in a trick bag. They can't go back on their own policy, a policy designed to protect their employees and limit corporate liability.

    What I think McDonald's should do is deny his claim, but hold a company wide fund raiser to help this hero employee pay his medical bills and recover from his injuries. Maybe a good Samaritan award is in order.
    I don't see why this would undermine their policy. They could still encourage their employees not to be heroes, yet honor his claim. I doubt anyone else would be discouraged from following the policy, as most people aren't thinking about workers' comp when they make these kind of decisions.

    Besides, I don't see why they would not be legally obligated to honor this claim. He was injured on the job.
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Quote Originally Posted by danarhea View Post
    Fund raiser would have been nice, but McDonald's is a corporation. Fundraisers are only for the top brass, and they raise those funds by getting on their knees in front of Congress.
    I think most McDonalds are franchise owned.
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    Re: McDonald's: No workers comp for employee shot protecting patron

    Perspective people.

    When I worked for Best Buy they made it clear you do not interefere with a criminal, you could even be fired, adn should attempt to stop a shoplifter or robber and get injured the company won't pay. It's in the contract, and I'm BETTING McD's has the same.

    So no, as much as it might seem assholish to say this, he has no case other then emotional appeal. They can't pay this guy, or allow such behavior.

    Why?

    It would endanger other employees, some of whom might get really hurt or killed trying to stop a roober, and conversely, they might be liable for injury TO a robber by an employee.

    So no, this guy should lose his case outright.
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