ST. LOUIS—The family of a pregnant MoDOT worker killed on the job has been awarded a settlement in the death of the women’s unborn child.
Kaitlyn Anderson was six months pregnant when she was hit by a driver having a medical emergency while in a work zone on Telegraph and I-255. MoDOT employee James Brooks also died in the crash and another worker was seriously injured.
Anderson’s aunt, Tabatha Moore, says despite the settlement, justice really hasn’t been done.
“This is not a win for Missouri workers, it is not a win for the family, it is a loss. It is a loss,” she explained to Spectrum News.
A St. Louis County judge approved the $505,520 worker’s comp settlement between the Missouri Highways and Transportation Commission, MoDOT’s governing body, and Anderson’s family earlier this month.
Anderson’s mother, Tonya Musskopf, and the father of her unborn child Jaxx will split what remains after lawyer fees. The sum is the maximum amount a judge can award in this type of case.
Anderson wasn’t eligible for a worker’s comp claim because she was unmarried and didn’t have children under the age of 18, says Moore.
“She is valueless in the eyes of the Missouri law,” Moore said.
The family sought a wrongful death lawsuit, but the Missouri Supreme Court ruled the MoDOT supervisors, who the family alleges committed safety violations, were protected by official immunity and dropped from the suit.
It was also decided that MoDOT was shielded from a wrongful death lawsuit because Jaxx was considered an employee at the time of his mother’s death. The settlement is for the workers comp claim for Jaxx.
Spectrum News reached out to MoDOT who says it has no comment at the time.
Moore says she and her family are fighting so others don’t suffer the same fate.
“We need Missouri citizens to step up and speak up and let our lawmakers know we demand change,” she stated.
Moore, Anderson’s mother, and James Brooks’ widow are among those pushing for laws to be changed in Jefferson City.
She says they want to see oversight, accountability and we want to see reform in our worker’s compensation laws and in our employee safety rights and regulations.
“We want people to be safe at work and go home to their families at the end of the night,” she added.