Asbestos exposure has had devastating effects on thousands of workers and their families in California, leading to serious diseases such as mesothelioma, lung cancer, and asbestosis. To address the overwhelming number of claims from victims of asbestos exposure, many companies responsible for manufacturing, distributing, or using asbestos-containing products have established asbestos trust funds. These trusts were created to compensate current and future victims of asbestos-related illnesses. This article provides an overview of the asbestos trusts in California, detailing their origins, the companies involved, and how victims can file claims.
What Are Asbestos Trust Funds?
Asbestos trusts are special funds set up by companies that have faced significant liability due to their involvement with asbestos-containing products. These funds were established as part of bankruptcy proceedings to allow companies to continue operating while ensuring that funds were available to compensate victims. When a company files for bankruptcy under Chapter 11, it can reorganize its assets, part of which includes creating a trust to handle asbestos-related claims.
These trusts are managed by independent trustees who review claims and distribute payments according to the severity of the disease and the trust’s payment percentages. The establishment of asbestos trusts is governed by Section 524(g) of the U.S. Bankruptcy Code, which provides a mechanism for dealing with the long-term liabilities associated with asbestos exposure.
Key Asbestos Trusts in California
Several asbestos trusts have been established in California to compensate victims of asbestos exposure. Below is a list of some of the major trusts, along with a brief history of each company and information on how to file a claim.
1. Johns-Manville Asbestos Trust
History: Johns-Manville Corporation, a major manufacturer of asbestos-containing products, was one of the first companies to face massive liability due to asbestos-related diseases. The company filed for bankruptcy in 1982, leading to the creation of the Johns-Manville Asbestos Personal Injury Settlement Trust in 1988. This trust is one of the largest asbestos trusts in the United States.
Filing a Claim: Victims of asbestos exposure who have been diagnosed with an asbestos-related disease can file a claim with the Johns-Manville Trust. The trust evaluates claims based on the severity of the disease, the claimant’s exposure history, and other factors. Claims can be submitted online or through the trust’s claims processing center.
Website: Johns-Manville Trust
2. Owens Corning/Fibreboard Asbestos Personal Injury Trust
History: Owens Corning was a leading manufacturer of insulation and other building materials that contained asbestos. The company faced significant asbestos-related liabilities and filed for bankruptcy in 2000. The Owens Corning/Fibreboard Asbestos Personal Injury Trust was established in 2006 to compensate victims.
Filing a Claim: The trust accepts claims from individuals who have been exposed to asbestos-containing products manufactured by Owens Corning or Fibreboard. Claimants must provide documentation of their diagnosis and evidence of exposure to qualify for compensation.
Website: Owens Corning/Fibreboard Trust
3. Western MacArthur/Western Asbestos Trust
History: Western MacArthur and Western Asbestos were companies involved in the distribution of asbestos-containing products. The companies faced numerous lawsuits due to their role in exposing workers and consumers to asbestos. They filed for bankruptcy, and the Western MacArthur/Western Asbestos Trust was established in 2004.
Filing a Claim: This trust compensates individuals who were exposed to asbestos-containing products distributed by Western MacArthur or Western Asbestos. Claimants must provide evidence of their asbestos-related disease and exposure history.
Website: Western MacArthur/Western Asbestos Trust
4. Kaiser Aluminum & Chemical Corporation Asbestos Trust
History: Kaiser Aluminum was a major producer of aluminum and other industrial products, many of which contained asbestos. The company filed for bankruptcy in 2002 due to the overwhelming number of asbestos-related claims. The Kaiser Aluminum & Chemical Corporation Asbestos Trust was established in 2006 to handle these claims.
Filing a Claim: Individuals exposed to asbestos-containing products manufactured by Kaiser Aluminum can file a claim with the trust. The trust provides compensation based on the severity of the claimant’s illness and the evidence of asbestos exposure.
Website: Kaiser Aluminum Trust
5. Pittsburgh Corning Corporation Asbestos Trust
History: Pittsburgh Corning, a manufacturer of glass products and insulation materials that contained asbestos, filed for bankruptcy in 2000. The Pittsburgh Corning Corporation Asbestos Trust was created in 2013 to address the claims of individuals exposed to its asbestos-containing products.
Filing a Claim: The trust accepts claims from individuals who have developed asbestos-related diseases due to exposure to Pittsburgh Corning products. Claimants must submit medical documentation and evidence of exposure.
Website: Pittsburgh Corning Asbestos Trust
6. Plant Insulation Company Asbestos Trust
History: Plant Insulation Company was involved in the installation of asbestos-containing insulation products. The company faced numerous lawsuits due to asbestos exposure and filed for bankruptcy in 2009. The Plant Insulation Company Asbestos Trust was established in 2012 to compensate victims.
Filing a Claim: This trust compensates individuals who were exposed to asbestos-containing products installed by Plant Insulation Company. Claimants need to provide documentation of their illness and evidence of asbestos exposure related to the company’s products.
Website: Plant Insulation Company Trust
7. J.T. Thorpe Settlement Trust
History: J.T. Thorpe was a major contractor involved in the installation of refractory products and insulation that contained asbestos. The company filed for bankruptcy in 2002, leading to the establishment of the J.T. Thorpe Settlement Trust in 2006.
Filing a Claim: The trust compensates individuals who were exposed to asbestos-containing products installed by J.T. Thorpe. Claimants must provide medical evidence of their asbestos-related disease and proof of exposure.
Website: J.T. Thorpe Trust
8. Babcock & Wilcox Company Asbestos Trust
History: Babcock & Wilcox was a major manufacturer of industrial boilers and other equipment that contained asbestos. The company filed for bankruptcy in 2000 due to the large number of asbestos-related claims. The Babcock & Wilcox Company Asbestos Trust was established in 2006 to manage these claims.
Filing a Claim: Victims of asbestos exposure related to Babcock & Wilcox products can file a claim with the trust. The trust reviews claims based on the claimant’s medical condition and exposure history.
Website: Babcock & Wilcox Trust
9. H.K. Porter Company, Inc. Asbestos Trust
History: H.K. Porter was a manufacturer of industrial products, including those containing asbestos. The company filed for bankruptcy in 1991, leading to the creation of the H.K. Porter Company, Inc. Asbestos Trust to handle asbestos-related claims.
Filing a Claim: Individuals exposed to asbestos through H.K. Porter’s products can submit claims to the trust. The trust evaluates claims based on medical documentation and exposure history.
Website: H.K. Porter Asbestos Trust
10. Combustion Engineering 524(g) Asbestos PI Trust
History: Combustion Engineering was a manufacturer of boilers and other industrial equipment that contained asbestos. The company filed for bankruptcy in 2002, resulting in the establishment of the Combustion Engineering 524(g) Asbestos PI Trust in 2006.
Filing a Claim: This trust compensates individuals who were exposed to asbestos-containing products manufactured by Combustion Engineering. Claimants must provide medical evidence and proof of exposure.
Website: Combustion Engineering Trust
Filing a Claim with Asbestos Trusts in California
Filing a claim with an asbestos trust involves several steps. Here’s an overview of the process:
- Obtain a Diagnosis: You must have a confirmed diagnosis of an asbestos-related disease, such as mesothelioma, lung cancer, or asbestosis. Medical documentation, including pathology reports, imaging scans, and biopsy results, is essential.
- Gather Evidence of Exposure: You need to provide evidence that you were exposed to asbestos-containing products linked to the company responsible for the trust. This can include employment records, witness statements, or product identification documents.
- Complete the Claim Form: Each asbestos trust has a specific claim form that you must fill out. The form will require details about your diagnosis, exposure history, and any supporting documentation.
- Submit the Claim: Claims can usually be submitted online or via mail to the trust’s claims processing center. Be sure to follow the trust’s specific instructions for submission.
- Await Review and Payment: After submitting your claim, the trust will review your documentation and determine the appropriate level of compensation based on the severity of your disease and the trust’s payment percentage.
Conclusion
Asbestos trusts play a crucial role in providing financial compensation to individuals affected by asbestos-related diseases in California. These trusts ensure that victims receive compensation even when the companies responsible for their exposure have filed for bankruptcy. Understanding the process of filing a claim and knowing which trusts are available can help victims and their families secure the compensation they deserve.
If you or a loved one has been diagnosed with an asbestos-related disease, it’s important to consult with an experienced California asbestos lawsuit attorney who can guide you through the claims process and help maximize your compensation from these trusts. Legal professionals specializing in asbestos litigation can assist in gathering the necessary evidence, completing the claim forms, and navigating the complexities of the trust funds.
References
- Mesothelioma.com: Provides comprehensive information on mesothelioma and asbestos-related lung cancer, including treatment options and legal resources. Website
- Asbestos.com: Offers detailed information on asbestos exposure, related diseases, and legal options for victims. Website
- California Courts: Information on filing lawsuits and accessing legal resources in California. Website
- National Law Review: Provides legal news and analysis, including asbestos litigation updates. Website
- Lawyers.com: Directory of attorneys and legal information, including resources on asbestos and lung cancer cases. Website
- American Bar Association: Offers resources and information on finding legal representation and understanding legal rights. Website
By understanding your rights and the legal processes involved, asbestos exposure victims can take the necessary steps to secure the compensation they deserve.