In this Article, Professor Eggen discusses how various scientific studies suggest a causal connection between workers' reproductive and genetic injuries and their exposure to toxins 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 and tort laws. Thus, Professor Eggen proposes several specific reforms to both the workers' compensatoin and tort law systems to improve the availability of these relief mechanisms for toxic exposure victims.
Jean Macchiaroli Eggen,
Toxic Reproductive and Genetic Hazards in the Workplace: Challenging the Myths of the Tort and Workers' Compensation Systems,
60 Fordham L. Rev. 843
Available at: http://ir.lawnet.fordham.edu/flr/vol60/iss5/3