Toxic Reproductive and Genetic Hazards in the Workplace: Challenging the Myths of the Tort and Workers' Compensation Systems

70 Pages Posted: 30 Sep 2009  

Jean M. Eggen

Widener University - Delaware Law School

Date Written: January 1, 1992

Abstract

This article discusses how various scientific studies suggest a causal connection between workers' reproductive and genetic injuries and their exposure to toxic substances in the workplace. Because of conflicts between scientific and legal causation standards, workers and affected family members often cannot prove a sufficient causal connection between toxic exposure and ensuing injury to recover under existing workers' compensation laws and the common law of torts. This article reviews the problems inherent in both the workers' compensation and torts systems in handling occupational diseases claims. It proposes some specific reforms to improve the availability of these relief mechanisms for toxic exposure victims.

Keywords: toxic torts, workers compensation, reproductive injuries, genetic injuries, torts, tort law, toxic exposure

JEL Classification: K13

Suggested Citation

Eggen, Jean M., Toxic Reproductive and Genetic Hazards in the Workplace: Challenging the Myths of the Tort and Workers' Compensation Systems (January 1, 1992). Fordham Law Review, Vol. 60, p. 843, 1992. Available at SSRN: https://ssrn.com/abstract=1480347

Jean Macchiaroli Eggen (Contact Author)

Widener University - Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States
(302) 477-2155 (Phone)

Paper statistics

Downloads
26
Abstract Views
518