Step-by-Step Guide to Filing an Asbestos Trust Claim

Step 1: Identify Potentially Responsible Asbestos Trusts

Begin with the injured person’s exposure history. List employers, jobsites, military assignments when applicable, occupations, work dates, contractors, manufacturers and asbestos-containing products that may have been encountered.

Then determine which bankrupt companies or covered entities may be legally responsible for those exposures. A claimant may potentially qualify for more than one trust, but each trust requires its own qualifying evidence.

Do not rely only on company names. Mergers, acquisitions and bankruptcy reorganizations can cause the formal trust name to differ from the product manufacturer or employer remembered by the claimant.

Useful starting documents can include Social Security earnings records, union records, personnel files, military records, employer records, invoices, jobsite documents and coworker information.

Step 2: Check the Trust’s Current Documents

Before completing a claim form, obtain the trust’s current TDP, filing instructions, claim form, amendments, payment notices and exposure resources.

The TDP is the controlling document for medical criteria, exposure requirements, disease levels, review options and payment procedures. Filing instructions can make the process easier to follow, but they do not replace the TDP.

Official Kaiser filing instructions, for example, expressly state that the instructions are an overview and that all legal requirements for a valid claim are set forth in the TDP.

Check whether the trust has changed its Payment Percentage, filing system, administrator, medical requirements, approved exposure resources or other procedures. An old form or old percentage can produce an inaccurate filing or payment expectation.

Step 3: Gather Medical Evidence

Collect medical records that support the asbestos-related disease being claimed. The required evidence depends on the trust and disease level.

Depending on the claim, supporting records can include pathology or cytology reports, radiology reports, physician reports, pulmonary-function testing, death certificates and other documentation specified by the TDP.

Make sure the diagnosis, diagnosis date and disease level on the claim form are consistent with the supporting medical records. Some trusts impose specific requirements concerning acceptable medical evidence or physicians.

Do not assume that medical evidence accepted by one trust automatically satisfies another trust.

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Step 4: Build the Exposure History

The claim must connect the injured person to asbestos exposure for which the specific trust has legal responsibility. GAO identifies work histories, Social Security records, invoices, employer records and deposition testimony as examples of evidence used by trusts.

Create a timeline showing:

• Employer or military service.
• Jobsite, facility, ship, plant or other exposure location.
• Beginning and ending exposure dates.
• Occupation and specific job duties.
• Asbestos-containing products or materials encountered.
• Manufacturer or responsible company when known.
• Coworkers or witnesses who can corroborate the exposure.
• Secondary or household exposure details when relevant and permitted by the TDP.

Specific evidence is stronger than a general statement that a claimant “worked around asbestos.” Some TDPs require a minimum duration of exposure, exposure before a particular date, Significant Occupational Exposure or other disease-specific criteria.

Step 5: Complete and Submit the Claim

Complete every applicable field on the current official claim form. Typical forms request claimant information, diagnosis, legal representative information when applicable, occupational history, product or premises exposure, lawsuit or prior-claim information, and certifications regarding the accuracy of the submission.

Attach the required medical and exposure documents. Review names, dates, employers, sites and disease information for consistency before filing.

GAO reports that asbestos trust claims and supporting documents may be submitted electronically or manually. The exact filing method depends on the trust. Administrators such as Verus Claims Services and Claims Processing Facility provide electronic systems for trusts they administer.

Keep a complete copy of the claim form and every supporting document submitted, along with confirmation numbers, claim numbers and correspondence.

Step 6: Choose the Correct Review Method

Many trusts offer Expedited Review and Individual Review.

Under Expedited Review, a claim that satisfies the trust’s presumptive medical and exposure criteria is generally assigned the Scheduled Value for that disease level. The trust’s current Payment Percentage and other payment rules may then determine the amount actually payable.

Individual Review provides claim-specific consideration and may result in a liquidated value above or below the Scheduled Value. TDPs may use Average Values and Maximum Values to guide or limit Individual Review.

Some diseases, foreign claims, secondary-exposure claims or other categories may require Individual Review. Other trusts use different review systems. Select the method permitted by the actual TDP rather than assuming every trust works the same way.

Step 7: Correct Claim Deficiencies

GAO’s review describes deficient claims being returned to claimants for additional evidence or information. A deficiency does not necessarily mean the claim has been finally denied; it can mean the trust needs additional documentation before completing review.

Read the deficiency notice carefully. Determine exactly which medical, exposure, identification, certification or other requirement remains incomplete.

Respond with documents that address the stated deficiency and keep a copy of the response. Trusts may also use quality-assurance reviews and audits to verify medical and exposure evidence.

Do not ignore trust correspondence. Deadlines for curing deficiencies, responding to offers, arbitration or other actions can be governed by the TDP or trust policies.

Step 8: Review the Offer, Release and Payment

If a trust allows and liquidates a claim, it may issue an offer and release. GAO’s process description shows the claimant reviewing the offer, accepting it or using available dispute-resolution procedures when the claimant disagrees.

Before estimating payment, distinguish these terms:

• Scheduled Value: the preset liquidated value used for qualifying claims under certain review procedures.
• Average Value: a valuation reference used by some trusts in Individual Review.
• Maximum Value: an upper valuation limit under specified TDP provisions.
• Payment Percentage: the percentage of an allowed liquidated value that a trust currently pays under its governing rules.
• Actual Payment: the amount ultimately paid after all applicable rules are applied.

Mathematical illustration only — not a guaranteed payment. If a hypothetical trust has a $100,000 Scheduled Value and a 20% Payment Percentage, $100,000 × 20% = $20,000. That example does not describe any particular trust and should never replace a current trust-specific calculation.

If the offer is accepted, the required release generally must be completed before payment. Payment timing may also depend on FIFO queues, audits, liens, payment ratios and other trust-specific procedures.

Confirmed Primary Sources for Filing Facts

No law-firm or lead-generation website was used as factual authority for this guide. Primary, government and official administrator sources reviewed include:

• U.S. Government Accountability Office report describing asbestos trust intake, Expedited and Individual Review, deficiencies, offers, releases and payments.
• Official Kaiser Aluminum & Chemical Corporation Asbestos PI Trust filing instructions explaining registration, claim filing, processing, validity requirements and payment.
• Official Kaiser Trust resource center containing current claim forms, TDP materials and exposure resources.
• Official ASARCO Trust resource center containing claim forms, TDPs, amendments and filing materials.
• Claims Processing Facility official site for asbestos trust claim administration.
• Verus Claims Services official information concerning asbestos trust administration.

Get Help Filing an Asbestos Trust Claim

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Exposure to asbestos or an asbestos-related diagnosis does not automatically establish eligibility for any particular trust. Eligibility and compensation depend on the responsible companies and products, medical and exposure evidence, filing deadlines, current trust procedures and individual circumstances. Compensation is not guaranteed.