Asbestosis claim: what trusts pay and the proof they ask for
Today's rates put an asbestosis claim between $368 and $18,330 for a single bankruptcy trust, which is why most families file with multiple trusts together. Breathing in asbestos fibers causes asbestosis, a lung disease for which trusts require chest scans plus work history.
Values for severe asbestosis are listed for 27 trusts.
| Trust | Severe asbestosis | Asbestosis or pleural disease (higher level) | Share paid | Paid today |
|---|---|---|---|---|
| T H Agriculture & Nutrition | $60,000 | $8,000 | 16.3% | $9,780 |
| Raytech (Raymark) | $59,249 | Not scheduled | 1.35% | $800 |
| W. R. Grace | $50,000 | $7,500 | 30.1% | $15,050 |
| Motors Liquidation (old GM) | $50,000 | $4,000 | 10.3% | $5,150 |
| Pittsburgh Corning | $47,500 | $11,750 | 19% | $9,025 |
| Armstrong World Industries | $42,500 | $9,700 | 7.8% | $3,315 |
| Owens Corning / FibreboardOwens Corning claims | $42,000 | $19,000 | 4.3% | $1,806 |
| Owens Corning / FibreboardFibreboard claims | $29,000 | $11,500 | 3.5% | $1,015 |
| Keene | $41,200 | $10,600 | 1.05% | $433 |
| ACandS | $40,000 | $7,500 | 2.89% | $1,156 |
| Christy Refractories | $40,000 | $9,000 | 55% | $22,000 |
| ARTRA | $40,000 | $6,000 | 0.7% | $280 |
| Duro Dyne | $35,734 | Not scheduled | 20% | $7,147 |
| Quigley | $35,000 | $5,000 | 13.3% | $4,655 |
| Babcock & Wilcox | $35,000 | $10,000 | 4.3% | $1,505 |
| Congoleum | $33,026 | $3,963 | 8.67% | $2,863 |
| USG (United States Gypsum) | $30,000 | $8,300 | 10% | $3,000 |
| Paddock (Owens-Illinois) | $28,200 | $5,900 | 65% | $18,330 |
| A. P. Green | $28,040 | $10,580 | 6% | $1,682 |
| Maremont | $27,233 | Not scheduled | 28.4% | $7,734 |
| Burns and Roe | $25,000 | $5,000 | 36.87% | $9,217 |
| Leslie Controls | $17,500 | $4,500 | 6.25% | $1,094 |
| Bondex | $16,667 | $2,500 | 29.5% | $4,917 |
| United Gilsonite | $15,576 | $1,947 | 3.35% | $522 |
| Flintkote | $15,000 | Not scheduled | 15% | $2,250 |
| Yarway | $10,000 | $2,000 | 27.5% | $2,750 |
| Hercules Chemical | $6,500 | Not scheduled | 2% | $130 |
Scheduled values appear on each trust's claim value page or in distribution procedures. You get the "paid today" figure by multiplying the first value by the trust's current payment percentage.
Ask which trusts take an asbestosis claim for this work history.
How much can you receive in compensation for asbestosis?
For mild non-cancer conditions, bankruptcy trust payouts often fall between $2,500 and $7,500. Cases that are severe pay more. Of the 54 active trusts, 48 post a payment percentage that ranges from 0.7% to 100%. Trusts use lower rates for milder scarring and for pleural disease, a non-cancer condition affecting the lung's lining.
What is the average settlement value for an asbestos claim?
Settlements in lawsuits for non-cancer diseases like asbestosis usually range from $10,000 to $50,000. In total, asbestos trust funds have paid out over $17.5 billion for all diseases. On average, settlements in lawsuits involving malignant mesothelioma, which is a lung lining cancer, range from $1 million to $2 million. You receive settlement money faster than trial awards. A trial may last months or even years.
Evidence required by a trust
State lawsuit deadlines vary by location, running from 1 to 6 years after diagnosis. Your right to file is protected when you gather your records early. To meet a trust's standard medical and exposure rules, your claim needs 3 kinds of proof:
- Medical scans: Scarring on both sides of the lungs must appear on chest scans, and a qualified doctor must examine you.
- Breathing test results: A severe claim must include records tying asbestos to your illness, plus a test that shows your lungs hold less than 80% capacity.
- Work history: You need 5 years on the job around asbestos products. Of those, 2 years must come before December 31, 1982.
Before 1975, construction commonly used asbestos in items like floor tiles, cement, plaster, wallboard, shingles, insulation, and brake linings. When your workplace is absent from an approved trust list, you can use employment or sales records to show the product was there.
Can asbestosis be cured?
No cure exists for this lung disease. It is essential to stop any further exposure to asbestos. Your outlook depends on how long and how much asbestos you breathed in, according to MedlinePlus. Symptoms frequently do not show up for 20 years or longer. Eventually, some individuals require oxygen therapy. Smoking raises the risk too. Every 3 to 5 years, workers exposed more than 10 years often have chest x-rays taken.
Filing asbestos claims after someone dies
At the same time, estate representatives, financial dependents, children, and surviving spouses can file 3 main types of claims.
- Trust fund claims: Trusts will accept medical tissue reports in place of a physical exam if your loved one passed away before filing.
- Wrongful death lawsuits: The representative converts the case if the claimant dies while suing, then distributes payouts to the heirs.
- VA benefits: Survivors might qualify for a VA Survivors Pension if the exposure occurred during military service.