Many people diagnosed with asbestos-related lung cancer learn that the companies responsible for their exposure no longer operate in the same form. Numerous asbestos manufacturers and suppliers went through bankruptcy reorganization after facing large numbers of injury claims. As part of that process, many established trusts to compensate people harmed by their products. These asbestos trust funds can be an important source of compensation for patients and families.
This article explains how asbestos trusts generally work, who may qualify, and what to expect during the claims process. It is general information, and anyone considering a claim should seek guidance from a qualified attorney.
Why asbestos trust funds exist
Beginning in the 1980s, a wave of asbestos lawsuits led many companies to seek bankruptcy protection. Federal bankruptcy law allowed some of these companies to reorganize while setting aside assets in a trust dedicated to paying asbestos claims.
Protecting future claimants
Because asbestos-related diseases can take decades to develop, trusts were designed to pay not only people who were already sick but also those who would be diagnosed years later. This structure means a person diagnosed today may still be able to receive compensation from a company that reorganized long ago.
Separate from lawsuits
Trust claims are administrative rather than court proceedings. A claimant submits documentation to the trust, which reviews it according to its own procedures. Filing a trust claim does not necessarily prevent a person from also pursuing a lawsuit against companies that remain solvent.
Who may qualify
Each trust sets its own eligibility criteria, but most require evidence of two key things.
A qualifying diagnosis
Trusts typically recognize several asbestos-related conditions, including mesothelioma, lung cancer, asbestosis, and certain other cancers. For lung cancer claims, trusts often look for medical evidence of an underlying asbestos-related condition, such as asbestosis or pleural plaques, or for documentation that a physician attributes the cancer to asbestos exposure.
Exposure to the company’s products
Claimants generally need to show that they were exposed to asbestos-containing products associated with the specific company that established the trust. This might involve working at a job site where the products were used, working in an occupation that handled them, or other forms of exposure recognized by the trust.
Secondary exposure
Some trusts consider claims from people exposed indirectly, such as family members who washed a worker’s dusty clothing. Criteria for these claims vary.
The claims process
Although each trust has its own procedures, the general process tends to follow similar steps.
Identifying relevant trusts
A person may have been exposed to products from many different companies over a lifetime. Attorneys who handle asbestos cases often maintain databases of job sites, products, and associated trusts to help identify every trust where a claim may be appropriate.
Gathering documentation
Claims usually require medical records confirming the diagnosis, along with evidence of exposure such as employment history, sworn statements, coworker testimony, or records showing that a company’s products were present at a particular site.
Review options
Many trusts offer an expedited review for claims that meet set criteria, with fixed payment values. Individual review may be available for claims that involve unusual circumstances or that could qualify for a higher value, though it may take longer.
Receiving payment
Approved claims are paid according to the trust’s procedures. Trusts often pay only a percentage of the full scheduled value because they must preserve funds for future claimants. This payment percentage can change over time.
How smoking history may factor in
Because smoking is also a major cause of lung cancer, some trusts consider smoking history when evaluating lung cancer claims. Policies differ, and smoking does not automatically disqualify a claim. Accurate disclosure is important, and an attorney can explain how a particular trust treats this information.
Time limits and practical considerations
Trusts commonly set filing deadlines, often measured from the date of diagnosis or, for wrongful death claims, the date of death. These deadlines may differ from state statutes of limitations for lawsuits.
Filing with multiple trusts
It is common for a claimant to file with several trusts if exposure involved products from multiple companies. Each claim is evaluated separately, so recoveries from different trusts can add up.
Working with an attorney
Many claimants work with attorneys who regularly file trust claims. These attorneys usually work on a contingency fee basis and can manage paperwork, deadlines, and communication with trusts. Patients should review fee agreements and ask how trust claims and lawsuits will be coordinated.
Common questions about trust claims
People exploring trust claims often have similar concerns. Understanding the answers can help set expectations.
How long does the process take?
Timelines vary by trust and by the type of review. Expedited claims may be resolved in a few months, while individual reviews or trusts with heavy claim volumes can take longer. Delays can also occur if documentation is incomplete.
Can family members file after a death?
In many cases, the estate or eligible family members of a person who died from an asbestos-related disease can file trust claims on that person’s behalf. Specific rules and deadlines apply, and an attorney can explain who has the authority to file.
Will a trust claim affect other benefits?
Trust payments are generally separate from veterans benefits and other programs, but the interaction with workers’ compensation, Medicare, or other coverage can depend on the situation. Asking an attorney about this before filing is a sensible step.
Preparing to explore a trust claim
Patients and families can take several steps to make the process smoother. Write down every job held, including employer names, locations, dates, and duties. Note any homes or apartment buildings where renovation or maintenance may have disturbed asbestos. Gather medical records, especially pathology and imaging reports, and keep copies of military service records if applicable. Having this information organized can help an attorney quickly assess which trusts may be relevant and whether other legal options should also be considered.
