70 Pages Posted: 30 Sep 2009
Date Written: January 1, 1992
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: 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