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Author Topic: Workers comp denied to shooting victim.  (Read 2128 times)

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Workers comp denied to shooting victim.
« on: February 24, 2009, 12:43:20 AM »

http://rawstory.com/news/2008/McDonalds_No_workers_comp_for_employee_0222.html

So a McD's employee gets shot defending some girl in a McD's 'restaraunt' from her boyfriend. McD's refuse to pay him compensation AND claim copyright on the CCTV footage.

COPYRIGHT???

What the fuck are they going to do withg the footage??? Enter it in Cannes???

Oh, yeah, and they guy should get some kind of payout from the bastards.
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Re: Workers comp denied to shooting victim.
« Reply #1 on: February 24, 2009, 01:01:13 AM »

http://rawstory.com/news/2008/McDonalds_No_workers_comp_for_employee_0222.html

So a McD's employee gets shot defending some girl in a McD's 'restaraunt' from her boyfriend. McD's refuse to pay him compensation AND claim copyright on the CCTV footage.

COPYRIGHT???

What the fuck are they going to do withg the footage??? Enter it in Cannes???

Oh, yeah, and they guy should get some kind of payout from the bastards.


Have they sold or been paid for footage of the shooting that might have been shown on the news or one of those minty moment type reality video shows?

Hell of a cheek claiming copyright on it.  Just fucking mean of them not to pay him some compo
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Re: Workers comp denied to shooting victim.
« Reply #2 on: February 24, 2009, 01:07:03 AM »

A local network has aired the footage apparently.

CCTV stuff should be public domain anyway, it isn't produced for commercial reasons and nor is it the intellectual proerty of it's inadvertant cast.

If there are privacy issues then the footage should be altered.

Claiming copyright is just ridiculous, it's a pretty sick way of picking up a few extra bucks from a corporation the size of McDonalds.
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Re: Workers comp denied to shooting victim.
« Reply #3 on: February 24, 2009, 02:45:15 PM »

Let me get this straight....

They are supposed to pay for this guys injuries when it's McD's policy for their employees not to get into physical altercations...just for this reason.

 :snack:
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Re: Workers comp denied to shooting victim.
« Reply #4 on: February 24, 2009, 05:18:07 PM »

Let me get this straight....

They are supposed to pay for this guys injuries when it's McD's policy for their employees not to get into physical altercations...just for this reason.

 :snack:

Yes.

Gallantry should be rewarded. McDonald's policy is a cop out that does nothing more than encourage apathy for the sake of saving a few dollars. I don't think anybody likes the idea of being attacked in broad public view whilst onlookers and staff merely continue to shovel burgers into their cake holes.
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Re: Workers comp denied to shooting victim.
« Reply #5 on: February 24, 2009, 09:46:13 PM »

Yes.

Gallantry should be rewarded. McDonald's policy is a cop out that does nothing more than encourage apathy for the sake of saving a few dollars. I don't think anybody likes the idea of being attacked in broad public view whilst onlookers and staff merely continue to shovel burgers into their cake holes.

Saving a few dollars?  Let me tell you about workers' comp insurance, pal.

There is no insurance, per se.  Companies pay into an account held by a faux insurance company.  Any large claims are paid by the company, not the faux insurance, and the account is replenished otherwise.  The company, by law, has that account to make sure they have monies to pay claims.  The faux insurance company uses a matrix based on accidents/claims to determine how much the company should keep on hand. 

Here's the catch...if claims rise one year, the matrix will be affected for the next four years.  Claims have to fall or stay low for four years for the matrix to give the company any relief.

So let's say they pay this fucker's WC claim, who by the way knowingly did something stupid, it will increase the monies that company pays out to the faux insurance company for the next four year.  FUCK DAT!

He should have let the customers be heroes... or the managers since they have insurance.

/Gallantry should be rewarded, but stupidity should be called a spade.
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Re: Workers comp denied to shooting victim.
« Reply #6 on: February 24, 2009, 10:00:11 PM »


So let's say they pay this fucker's WC claim, who by the way knowingly did something stupid, it will increase the monies that company pays out to the faux insurance company for the next four year.  FUCK DAT!



And yet if he had gotten drunk after work and wrapped his car around a tree the company would have had to pay up.

Fucking bullshit.
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Re: Workers comp denied to shooting victim.
« Reply #7 on: February 24, 2009, 11:29:12 PM »

And yet if he had gotten drunk after work and wrapped his car around a tree the company would have had to pay up.

Fucking bullshit.

By no means, if that has ever happened, is that workers' comp.  It would be some sort of bullshit liability which is cover by insurance.  The only way I see something like that happening is by lawsuit and/or trial decision...or settlement to a avoid said bullshit lawsuit.
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Re: Workers comp denied to shooting victim.
« Reply #8 on: February 24, 2009, 11:29:54 PM »

uh, excuse me...*boolsheet*
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Re: Workers comp denied to shooting victim.
« Reply #9 on: February 24, 2009, 11:43:28 PM »

By no means, if that has ever happened, is that workers' comp.  It would be some sort of bullshit liability which is cover by insurance.  The only way I see something like that happening is by lawsuit and/or trial decision...or settlement to a avoid said bullshit lawsuit.

A company is responsible for the safety of it's employees on their way to and from work. Provision for any mishap occuring during this transit must be provided for by the company. If this isn't workers compensation then I don't know what it is.

A company will be forced to accept responsibility for any misconduct of it's employees whist said employee is acting under the authority of that company so it seems only reasonable that a company should support an employee who endangers themself to protect the safety of it's customers.
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Re: Workers comp denied to shooting victim.
« Reply #10 on: February 25, 2009, 12:01:38 AM »

A company is responsible for the safety of it's employees on their way to and from work.




/RICOLA!
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Re: Workers comp denied to shooting victim.
« Reply #11 on: February 25, 2009, 12:37:18 AM »

It's true.

Under OH&S policy, policy which companies like McDonalds helped to develop, an employee travelling to and from work is still under the duty of care of their employer.
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Re: Workers comp denied to shooting victim.
« Reply #12 on: February 25, 2009, 12:51:29 AM »

It's true.

Under OH&S policy, policy which companies like McDonalds helped to develop, an employee travelling to and from work is still under the duty of care of their employer.

you're gonna have to back that up or I call "boolsheet".
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Re: Workers comp denied to shooting victim.
« Reply #13 on: February 25, 2009, 01:00:27 AM »

you're gonna have to back that up or I call "boolsheet".

I can't believe you've never encountered it before!
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Re: Workers comp denied to shooting victim.
« Reply #14 on: February 25, 2009, 08:34:27 AM »

I can't believe you've never encountered it before!

You're pretty much saying that all of the tens of millions of commuters each day are covered under their employer's liability....boolsheet!
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Re: Workers comp denied to shooting victim.
« Reply #15 on: February 25, 2009, 08:41:24 AM »

You're pretty much saying that all of the tens of millions of commuters each day are covered under their employer's liability....boolsheet!

Why so? It's a tax deduction and acknowledged as being a requirement of employment.
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Re: Workers comp denied to shooting victim.
« Reply #16 on: February 25, 2009, 01:27:53 PM »

The whole thing boils down to whether the employee was acting within the scope of his employment like what the worker's comp admin was quoted in the article. Those are words of art which are interpreted by state courts in different cases with different factual situations every year.

Without looking into any of the case law but from what I know, it would seem to me that this is a loser of a case for McDonald's. Both in terms of the legal situation and negative PR.

What Storm said about the rates is absolutely true which is why business owners, especially small construction companies, will go as far as paying money directly to employees to not have them file a work comp claim.

However, in a case like this, unless they have a prior decided case directly on point, I think Mickey D's is getting some bad advice. It's going to cost them a lot of money to defend in court and they may have to pay for everything in the end anyways. Not to mention how much money they stand to lose in the long run from loss of support in the community.
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Re: Workers comp denied to shooting victim.
« Reply #17 on: February 25, 2009, 01:50:40 PM »

It's ironic how places like McD's go the extra mile to have classes and seminars to teach people to be safe and not do what McHero (*ba-dum ching*) did and then pay out the ass like Br1an said when they fuck up (or get fucked up). 

Double the irony how McD's and it franchisees have lobbied against universal health care and it's the one thing that would have made this discussion moot.
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Re: Workers comp denied to shooting victim.
« Reply #18 on: February 25, 2009, 02:16:47 PM »

Maybe not as simple as you think. If he had health care then the insurance companies would still be fighting about coverage and indemnity rights. 

I did a quick Google search and pulled the first case that came up which happened to be in Ohio. You can get an idea of what courts look at and how these cases turn out. What is important here is not so much the outcome in Ohio but the analysis that the court used and the factors they looked at..

Quote
The Court said that there was not sufficient causal connection based on the totality of circumstances test in Lord v. Daugherty (1981), 66 Ohio St.2d 441. The totality of circumstances test includes (1) proximity of accident to place of employment, (2) degree of control the employer had over the scene of the accident and (3) the benefit the employer received from the employee's presence at the scene of the accident.

http://www.jaffylaw.com/news_1998_stivison.html


How would any of you apply those factors to the present case? Favorable to the employer or employee?

Close cases like this should be resolved asap to the satisfaction of the employee because it's a no win situation for McD. If the lawyer was honest in their evaluation, they would not take the chance of having a case go all the way to the state supreme court and possibly being decided 4-3 either in their favor or against them.

The legal costs and business costs will likely be more than $300,000 and if they lose, they may be on the hook for having to pay the legal bill of the employee as well as all the meds.

Like I mentioned, unless they have an authoritative case directly on point, I wouldnt take a chance like that. Of course, the Mikey D's work comp lawyers dont get paid nearly as much by advising them to accept the claim so they'll want to milk it as much as they can.  The inherent, unmentionable conflict of interest between a lawyer who wants to make money versus one is truly acting on behalf of the client. Even if they win 4-3 in the supreme court, McDonald's will come out losing this one and so will the employee.


Quote
It's ironic how places like McD's go the extra mile to have classes and seminars to teach people to be safe and not do what McHero (*ba-dum ching*) did and then pay out the ass like Br1an said when they fuck up (or get fucked up).


You know that kind of shit is always going to happen. How many companies spend money on safety training for their particular business yet someone will get hurt doing a boneheaded thing that they werent suppose to do?

In a sense, the publicity from denying this claim may help from having someone do the same thing in the future but what we dont know is how many others would have done the same if they didnt have the training program that told their people to call 911. I dont buy it for a minute that they didnt tell him to do that in training.


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Re: Workers comp denied to shooting victim.
« Reply #19 on: February 28, 2009, 09:30:07 AM »

There is not a freaking job in the world that I would place my safety to protect their property...it just wouldn't happen!

Let them put in security measures to ensure the employees are taken care of.
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