CITY OF TONAWANDA — In January 2019 a pregnant Michelle Waugaman was working as a personal care aide in a client's home when she she tripped over a cat and fell down the stairs. The 25-year-old was rushed to Millard Filmore Hospital in Williamsville.
Waugaman told 7 News' Michael Schwartz that doctors detected a heartbeat, and she was sent home. Two days later her water broke, and she was rushed to Oishei Children's Hospital. Waugaman said doctors there told her the baby would not survive but she didn't give up hope.
"My stance was as long as my daughter had a heartbeat, I was going to give her a chance," said Waugaman.
A few weeks later at, 23 weeks pregnant, Michelle returned to the hospital because she did not feel movement.
"[Doctor] said the baby's not getting any oxygen," explained Waugaman through tears.
Doctors worked quickly to deliver Layla Amari Carr on March 9, 2019. Unfortunately, four days later she passed away.
Waugaman sued the owner of the home where she fell and won the case in a third-party settlement. However, the money did not go to Waugaman who experienced pain and suffering, instead, the money was awarded to the insurance company that provided the workers compensation.
In other words, workers' compensation will cover broken bones or limbs, but there is no coverage for the unborn child. Buffalo workers' compensation attorney Kate Kirsh said this is due to outdated laws in New York State.
"Problem is these laws for workers comp in New York were written 100 years ago," said Kirsch. "So when they were written it was not foreseen that women would be in a workplace like they are now, let alone in the workplace up until the date they deliver a child."
Waugaman connected with Kirsch, and also wrote a letter to her New York State Assemblyman Bill Conrad.
"That part of the system is broken, and we're going to fix it," said Conrad.
Conrad has introduced a bill that if passed would cover a fetus when that loss is due to a work-related injury or loss.
Conrad is hoping it will be passed in 2024. As for Waugaman, she hasn't stopped fighting for Layla's legacy.
"Biggest issue of why I'm speaking out is to get laws changed," explained Waugaman. "There's no coverage for us, no coverage for our children."
