Workers’ Comp Lawsuit for Unborn Child

May 9, 2023

Case in Missouri could have wide-ranging impact

  • A driver killed Kaitlyn Anderson, who was six months pregnant, and a Missouri Department of Transportation colleague while they were doing roadwork near St. Louis. Her fetus also died.
  • Anderson’s family tried to sue the department but workers’ compensation laws in Missouri protect employers from wrongful death lawsuits when an employee dies on the job.
  • As a result, a lawsuit was also filed on behalf of the 25-year-old woman’s unborn child named Jaxx. This was possible because Missouri law defines life and legal rights beginning at conception.
  • The state’s lawyers argued that, since Jaxx was considered a person, his case should be dismissed because, under workers’ comp laws, he met the definition of an employee. A trial is set for next year.
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Illinois dealing with high workers’ comp costs

  • Employers and workers in Illinois are paying more than other states for their worker’s compensation claims.
  • The numbers show that total costs per claim with more than seven days of lost time in Illinois have grown 2% annually since 2012, according to the WCRI.
  • Sheila Weinberg that the overall price of claims in Illinois is substantially higher than the median in other states.
  • The biggest risk the state could run is businesses deciding to pack up and leave for a cheaper state.
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Educators upset over workers’ comp claim for shooting

  • Educators in Newport News are upset over claims that Abby Zwerner’s shooting is a “workplace injury,”
  • The school board argued that Zwerner’s injuries fall under Virginia’s Workers’ Compensation Act, but the resident of Newport News Education Association said that argument is “disgusting.”
  •  Zwerner was shot by a 6-year-old in her classroom.
  • Zwerner filed a lawsuit, seeking $40 million in damages from school officials, accusing them of gross negligence for allegedly ignoring multiple warnings.
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Illness and workers’ comp

  • Employees often worry about potentially losing their job due to an illness
  • If an employee’s illness or injury is work-related, they may be eligible for workers’ compensation benefits.
  • In this case, an employer cannot terminate an employee for being sick or for filing a workers’ compensation claim.
  • If an employer terminates an employee for being sick, it could be considered discriminatory under certain circumstances.
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