Exposure to Lead in the Workplace and Infertility

In certain work environments, workers are exposed to toxic substances like lead and asbestos. Sometimes, the hazard can be removed completely and other times, it cannot. In cases where a toxic substance cannot be removed from a work environment or the worker's job duties, the employer needs to do all that it can to protect its workers by equipping them with safety gear and minimizing their exposure to the toxic substance. If a worker suffers an illness or an injury because of exposure to a toxic substance at work, he or she may file a workplace accident claim to seek compensation for his or her damages.

Lead exposure is linked to abnormal sperm and lowered sperm counts, both of which can render a man infertile. When the male partner is infertile, a couple could turn to surgery, medication, or hormone treatments to address the issue. Sometimes, the man's sperm cannot be made viable, and when this happens, a couple may have to use donor sperm to get pregnant. All of these treatments can be very expensive.

With a workplace accident claim, it is the claimant's responsibility to prove that his or her accident directly caused his or her condition, which in turn directly caused him or her to suffer the damages for which he or she is seeking compensation. Infertility can be difficult to prove, especially if you were not actively trying to conceive when your condition was discovered.

In California, the statute of limitations for a workplace injury claim is two years from the date it occurs or two years from the date that the claimant discovered his or her condition. Because infertility is an effect of prolonged exposure, rather than the result of a one-time accident, such a case will abide by this second requirement. You will need to file your claim within two years of determining that you are infertile and that your infertility could be linked to toxic exposure in the workplace.

Male infertility can be determined through a semen analysis. This is done by taking a sample of the semen and determining the number of sperm and the percentage of which are normally or abnormally-shaped.

Facing infertility can be crushing and even more so when your infertility was caused by dangerous substances in your workplace that could have been avoided. Infertility, however, does not mean you will never be a parent. If you are infertile because of exposure to a toxic substance, such as lead, in your workplace, you could potentially seek compensation to cover related treatments through a workplace accident claim. Contact our team of experienced San Jose workplace accident attorneys at Corsiglia, McMahon, & Allard, L.L.P today to schedule your initial legal consultation with our team. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.

• How does lead induce male infertility?