Asbestos Trust Funds for Mesothelioma

Over $30 billion remains in asbestos bankruptcy trusts to compensate mesothelioma patients. These funds provide compensation without requiring a lawsuit or trial.

Where the Money Comes From

When decades of asbestos litigation pushed major manufacturers toward financial ruin, bankruptcy courts didn't simply let these companies dissolve and disappear. They required something in exchange for that protection: the creation of trust funds to compensate current and future asbestos victims.

As of 2025, approximately $30 to $35 billion remains available across dozens of active asbestos trusts. For mesothelioma patients and their families, these funds represent a path to compensation that doesn't require filing a lawsuit or going to trial.

What Patients Actually Receive

The amounts vary widely depending on how many trusts a patient qualifies for and the strength of their exposure documentation.

A single trust fund claim typically yields between $8,800 and $17,500. But most mesothelioma patients don't file with just one trust—they file with many. Workers exposed to asbestos products from multiple manufacturers may qualify for claims against 10, 15, or even 20 different trusts.

When claims from multiple trusts are combined, total compensation typically ranges from $300,000 to $400,000. Patients who also pursue lawsuits against companies that didn't go bankrupt often receive $1 million to $1.4 million or more in combined compensation.

$30B+ in trust fund assets
60+ active trust funds
$300K–$400K typical combined recovery

How Payouts Are Calculated

Trust funds use a formula to determine payment amounts. Each disease category has a "scheduled value"—the base amount the trust assigns to that condition. Mesothelioma claims carry the highest scheduled values because of the disease's severity and uniformly poor prognosis.

But patients don't receive the full scheduled value. Each trust calculates a "payment percentage" based on its remaining assets and projected future claims. If a trust has $2 billion remaining but expects $20 billion in total claims over its lifetime, it can't pay everyone in full—so it pays a percentage.

For example, the Johns-Manville trust assigns a scheduled value of $350,000 to mesothelioma claims but currently pays at 5%, resulting in an actual payout of $17,500. The W.R. Grace trust pays closer to 31%, making its payouts significantly higher for the same type of claim.

Trust Fund Current Payment Percentage
W.R. Grace ~31%
A.P. Green ~12%
Kaiser Gypsum ~10.6%
Johns-Manville ~5%
Keene Creditors Trust ~1.08%

Percentages shift over time as trusts receive new claims and manage their assets.

Major Trusts by Industry

Different trusts trace back to companies that operated in specific industries, which helps explain why certain workers qualify for more claims than others.

Construction Workers

Workers in construction often qualify for trusts like Johns-Manville (insulation), Owens Corning (fiberglass and roofing), USG Corporation (drywall and joint compound), and Armstrong World Industries (flooring and ceiling tiles).

Industrial Workers

Industrial workers may have exposure to products from W.R. Grace (fireproofing), Combustion Engineering (boilers), and Babcock & Wilcox (power plant equipment).

Shipyard Workers and Veterans

Shipyard workers and veterans frequently qualify for claims involving Kaiser Aluminum, Harbison-Walker (refractory products), and A.P. Green (high-temperature insulation).

The more industries a worker touched throughout their career, the more trusts typically apply.

Who Qualifies and What You'll Need

Eligibility requires two things: a diagnosis of an asbestos-related disease and documentation of exposure to products from companies whose trusts are still active.

For mesothelioma patients, the diagnosis requirement is straightforward. Pathology reports confirming the disease satisfy medical documentation needs.

The exposure documentation is often more challenging. Trusts want to see:

  • Work history — Where you worked, when, and what products you encountered
  • Social Security records — Help establish employment dates
  • Witness statements — From former coworkers who can corroborate exposure
  • Product identification — Some trusts require specific product identification; others accept general industry exposure

Family members can file wrongful death claims on behalf of patients who have passed away. The documentation requirements remain similar—the trust needs evidence that the deceased was exposed to its products and developed a qualifying disease.

The Filing Process

Most people work with an attorney to navigate trust fund claims. The process typically begins with a thorough review of the patient's work history to identify which trusts apply. An experienced mesothelioma lawyer will recognize company names and products that connect to specific trusts—connections that a layperson might easily miss.

Once applicable trusts are identified, claims get filed. Two pathways exist at most trusts:

Expedited Review

Offers faster processing, often within 90 days, in exchange for accepting a fixed payment amount. Patients who meet specific criteria can take this route and receive their money quickly.

Individual Review

Involves a more detailed evaluation of the claim. Processing takes longer, but payouts can be higher for cases with strong documentation. Patients with extensive evidence of exposure may benefit from this more thorough approach.

Most trust fund payments arrive within 90 days of approval. Recipients can typically choose between a lump sum or structured installments.

Trust Funds and Other Compensation

Filing trust fund claims doesn't prevent pursuing other forms of compensation.

  • VA benefits — Veterans can file trust fund claims and continue receiving VA disability benefits. One doesn't reduce the other.
  • Workers' compensation — Workers may be entitled to workers' compensation in addition to trust fund payments.
  • Social Security Disability — Operates on its own track.
  • Lawsuits — Most significantly, trust fund claims target bankrupt companies, while lawsuits target companies still in operation.

Pursuing both trust fund claims and lawsuits simultaneously is common. A patient might file claims with a dozen trusts while also suing two or three solvent defendants. The processes run in parallel, and the compensation stacks.

Filing Deadlines

Each trust has its own statute of limitations, and deadlines vary by state of residence, date of diagnosis, and whether the claim is being filed by the patient or by family members after a death. Missing a deadline can mean forfeiting the right to file with that trust entirely.

This is one reason why working with an attorney matters. Keeping track of varying deadlines across multiple trusts requires organization that most families, already overwhelmed by a mesothelioma diagnosis, understandably lack.

Will the Money Run Out?

Trust funds adjust their payment percentages specifically to avoid running dry before all claims are paid. When a trust receives more claims than anticipated, it lowers its payment percentage to stretch remaining funds further.

This system ensures long-term availability but also means that today's patients often receive more than tomorrow's will. The longer a trust operates, the more its payment percentage tends to decline as assets are distributed. For patients deciding when to file, sooner is generally better than later.

Getting the Most From Your Claims

Comprehensive documentation is the single most important factor in maximizing compensation. Detailed records of every job, every jobsite, and every asbestos product encountered give attorneys more trusts to file with and stronger claims at each one.

Former coworkers can provide valuable corroboration. If a colleague remembers working alongside the patient and can describe the products they both handled, that statement strengthens the exposure evidence.

The key is casting a wide net. Workers often underestimate how many trusts apply to their history. Someone who worked in one shipyard for 30 years might qualify for claims involving pipe insulation, gaskets, pumps, valves, and fireproofing—products from multiple manufacturers, each with its own trust. An attorney who focuses on mesothelioma cases will recognize these connections and file accordingly.

Sources

  1. RAND Corporation. Asbestos bankruptcy trusts.
  2. U.S. Government Accountability Office. Reports on asbestos injury compensation.
  3. American Bar Association. Resources on asbestos litigation.