Illinois workers were exposed to asbestos products manufactured by dozens of companies across the steel, railroad, manufacturing, and construction industries. Many of those companies are now bankrupt, and in bankruptcy, they established trust funds specifically to compensate people with mesothelioma and other asbestos-related diseases.
These trusts still hold more than $30 billion. They accept new claims and pay qualifying claimants on a rolling basis. For Illinois workers who were exposed at the state’s 670 documented exposure sites, the trusts represent a significant source of compensation that operates independently of lawsuits.
How Trust Funds Work
When asbestos manufacturers filed for bankruptcy, courts required them to establish trusts funded by company assets to compensate current and future claimants. Each trust has its own set of:
- Payment percentages, the share of the scheduled value that the trust currently pays (to preserve funds for future claimants)
- Disease categories, mesothelioma typically qualifies for the highest payment tier
- Exposure criteria, documentation of when and where the claimant was exposed to the company’s products
- Filing procedures, forms, medical records, and supporting documentation
Because most Illinois workers were exposed to products from multiple manufacturers, a single person with mesothelioma often qualifies for claims with five to 15 different trusts.
Trusts Most Relevant to Illinois Workers
| Trust | Products/Industry | Illinois Connection |
|---|---|---|
| Johns-Manville Trust | Pipe insulation, building products | Used extensively in IL steel mills and construction |
| Owens Corning/Fibreboard Trust | Insulation, roofing | Present in industrial and commercial buildings |
| W.R. Grace Trust | Vermiculite (Zonolite), fireproofing | 273,000 tons processed at Chicago facility |
| Combustion Engineering Trust | Power plant equipment | IL power plants and industrial boilers |
| Babcock & Wilcox Trust | Boilers, power generation | Steel mill and power plant equipment |
| Pittsburgh Corning Trust | Glass block, pipe insulation | Construction trades across IL |
| U.S. Gypsum Trust | Joint compound, construction products | Commercial and residential construction |
| Dana/Garlock Trust | Gaskets, packing, seals | Pipeline, railroad, and industrial maintenance |
This is not a complete list. More than 60 trusts are currently active, and an experienced mesothelioma attorney can identify every trust that applies to a specific worker’s exposure history.
The W.R. Grace Connection
The W.R. Grace trust is particularly relevant for Illinois workers. Grace’s Zonolite division processed contaminated vermiculite from the Libby, Montana mine at facilities across Illinois. A single Chicago plant processed 273,000 tons of tremolite-contaminated vermiculite, with additional sites in Girard, Peoria, Quincy, Buda, and Calumet City.
Workers at these facilities, and in some cases residents living nearby, were exposed to tremolite asbestos fibers during vermiculite processing operations. The W.R. Grace trust pays claims from people who can document exposure to Zonolite products or proximity to Grace processing facilities.
Filing Process
Trust fund claims follow a standard process, though each trust has its own requirements:
- Diagnosis documentation, pathology reports confirming mesothelioma
- Exposure evidence, work history placing the claimant at a site where the trust’s products were used
- Claim submission, forms filed with each applicable trust
- Review and payment, trusts review claims and issue payments, typically within three to 12 months
Most trusts offer expedited review for people with mesothelioma, given the urgency of the diagnosis. This can significantly shorten the processing time, sometimes to as few as two to three months.
Trust Claims and Other Compensation
Trust fund claims are independent of other compensation sources. Filing a trust claim does not reduce, offset, or affect:
- Lawsuit settlements or verdicts, Cook County juries have delivered awards exceeding $40 million in recent mesothelioma cases
- VA disability benefits, veterans exposed to asbestos during military service can receive both trust fund compensation and VA benefits
- Workers’ compensation, state workers’ comp claims proceed separately
Most families pursue all applicable sources simultaneously, with an attorney coordinating the filings to maximize total recovery.
Why an Attorney Matters
Trust fund claims are administrative, not judicial, but they still require:
- Product identification, connecting the worker’s jobsites to specific products made by each trust’s predecessor company
- Documentation, compiling employment records, union records, co-worker statements, and medical records
- Filing strategy, knowing which trusts to file with, in what order, and how to present the strongest claim
Attorneys who handle mesothelioma cases maintain databases of asbestos products, manufacturers, and the jobsites where those products were used. This knowledge is particularly important for Illinois cases, where exposure often occurred at large industrial facilities that used products from dozens of different manufacturers.
How much can Illinois workers receive from trust funds?▼
Individual trust claims typically range from $5,000 to $25,000 each, depending on the trust’s payment percentage and disease category. Because most people with mesothelioma file with multiple trusts, combined recoveries typically range from $150,000 to $400,000.
Is there a deadline to file trust fund claims?▼
Each trust has its own statutes of limitations, which vary. Some trusts have generous filing windows, while others have shorter deadlines. Filing promptly after diagnosis is always recommended.
Do I need to prove I used the specific product?▼
You need to demonstrate that you worked at a site where the trust’s products were present and that your work brought you into proximity with those products. An attorney can often establish this through product databases, co-worker testimony, and historical records even when the worker does not remember specific brand names.
Can family members file trust fund claims?▼
Yes. If the person with mesothelioma has died, family members or estate representatives can file trust fund claims on their behalf. Wrongful death claims are accepted by most active trusts.
Do trust fund payments affect my lawsuit?▼
Trust fund claims and lawsuits proceed independently. Filing trust claims does not reduce or offset any lawsuit settlement or verdict. Most families pursue both simultaneously.
References
U.S. Courts. Asbestos Bankruptcy Trust Information.
https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/asbestos
RAND Corporation. RAND Institute Report on Asbestos Trust Fund Payments.
https://www.rand.org/topics/asbestos.html
ATSDR. Agency for Toxic Substances and Disease Registry, Libby Vermiculite.
https://www.atsdr.cdc.gov/asbestos/sites/national_map/