Can an unborn fetus be a state employee?

"Lawyers representing the Missouri Department of Transportation want you to believe an unborn baby was working for the state during a fatal work zone crash, all in order to have a lawsuit dismissed.
The bizarre opinion is in response to a lawsuit over the November 2021 tragedy that killed two MoDOT employees, one of whom was pregnant.

“First of all, it’s illogical. How would somebody who hasn’t even been born yet work for you?” he said. “But if they were to get someone to buy that, then that means your case is dismissed out of St. Louis County, go to the comp system, where they’re going to take a different position, just like they did initially.”
Workers’ comp already denied Anderson’s family claim because Kaitlyn was not married and had no dependents. Mundwiller says workers’ comp will certainly deny an unborn baby.
“What they’re hoping is they don’t pay anything,” he said.
MoDOT did not have a protective truck in place that day, even though it’s a department policy. That’s the focus of a lawsuit that, Kaitlyn’s mom says, MoDOT keeps avoiding."