Asbestos trust fund claims: how filing works, step by step
You file an asbestos trust fund claim to seek payment from a trust that a bankrupt asbestos company created for illnesses its products caused. Four stages cover most claims even though forms and rules differ by trust: filing through a lawyer or registering with the trust, sending the claim form plus medical and work records, selecting a review, and accepting the offer.
Which trusts pay the most for mesothelioma claims right now
| Trust | Full value | Share paid | Paid today |
|---|---|---|---|
| NARCO | $75,000 | 100% | $75,000 |
| Paddock (Owens-Illinois) | $100,000 | 65% | $65,000 |
| ASARCO | $170,000 | 35% | $59,500 |
| W. R. Grace | $180,000 | 30.1% | $54,180 |
| Christy Refractories | $90,000 | 55% | $49,500 |
| Maremont | $119,543 | 28.4% | $33,950 |
By assets, the largest trusts are Pittsburgh Corning., DII Industries (Halliburton)., USG (United States Gypsum)., and Owens Corning / Fibreboard. View All trusts, with what each pays today
- Highest scheduled mesothelioma payment listed in the table
- $75,000
- The NARCO trust pays 100% of $75,000, but an individual review might value the claim higher or lower.
- Published payment percentages from the trusts
- From 0.7% up to 100%
- Of 54 trusts, 48 publish a figure; NARCO is highest, ARTRA lowest
- Time limits for suing under state law (each trust has its own deadline)
- 1 to 6 years
- California, Kentucky, and Tennessee give 1 year; Maine and North Dakota give 6. Check your state
Deadline for a lawsuit in your state
2 years from diagnosis
In Ohio, a lawsuit for an asbestos illness must usually be filed within 2 years of the diagnosis. A family's wrongful-death claim has 2 years from the date of death. Deadlines in every state
What steps do you take to file an asbestos trust claim?
Take the Owens Corning / Fibreboard trust as an example:
| Step | What is sent | What comes back |
|---|---|---|
| 1. Sign up | The Electronic Filer Agreement, which is the contract for filing online with the trust | A login for the trust's filing system |
| 2. File | Submit the Proof of Claim form, which is the trust's claim form, along with work and medical records. | A place in the processing line |
| 3. Choose a review | Pick Expedited Review for a set schedule amount or Individual Review for a closer look that might pay more or less. | A decision on the claim |
| 4. Accept | You sign a release, the paper accepting the trust's offer. | Payment, usually in 1 to 2 months |
If records are thin, sworn testimony from a coworker about the products can help. That claim then cites the page and line where that testimony appears, called a transcript.
A claims team can prepare and send the claims to every trust that fits.
What proof does a trust require?
Each trust requires two items: proof of exposure to its products and a diagnosis. Exposure rules change from one trust to another: the Armstrong World Industries trust's rules, for instance, count only exposure before December 31, 1982. You can use sales, employment, or construction records to show exposure when the workplace is not on the approved site list. A pathology report (a lab tissue study) or a doctor's exam can serve as medical proof.
Once the claim is filed
Complete claims enter the processing line in order of receipt; incomplete ones wait. You can check a claim's status online at any time at the Owens Corning / Fibreboard trust. When documents are missing, the trust issues a deficiency notice requesting more proof, and you only need to submit the new items. When the trust approves the claim, it sends a release, the legal paper accepting its offer.
If asked in writing, that trust will hold a claim for up to 3 years, and the claim keeps its original spot in line.
Calculating the payout
Payment percentage times the scheduled value (the base disease amount) is what a trust pays. Since payment percentages today range from 0.7% at the ARTRA trust up to 100% at NARCO, families usually send claims to several trusts at the same time. Under Expedited Review the trust pays a set amount taken from its schedule; under Individual Review the payment can come out above or below what the schedule lists.
How long do the deadlines last?
Every trust sets its own filing deadline. Because state lawsuit deadlines are separate and run 1 to 6 years after diagnosis, people usually prepare trust claims and any lawsuit together. Call the claims team to begin with every trust matching your work history.
Common questions about asbestos trust fund claims
For an asbestos trust claim, what is the average payout?
No single average exists because each trust sets its own payment rules and disease values. For those who fail to meet standard trust rules for a fixed payment, asking for Individual Review is an option.
What qualifies you for asbestos trust compensation?
Many claims require at least 5 years of work where someone regularly handled or worked near asbestos products. The Armstrong World Industries trust's rules say at least 2 of those years must be before December 31, 1982. You can also count work done near people who made, cut, or repaired asbestos products.
How many asbestos trust funds exist?
The U.S. Government Accountability Office states that 60 asbestos trusts were set up under federal bankruptcy law starting in 1988 to pay present and future claimants. At least partly because of asbestos lawsuits, about 100 companies have gone bankrupt.
How much money is held by the trusts?
When federal researchers reviewed them, the 60 trusts created since 1988 held roughly $37 billion in total assets for paying claims.