Mesothelioma Compensation
Asbestos Trust Funds: $30+ Billion Available from 60+ Active Trusts
Over 60 asbestos bankruptcy trusts hold more than $30 billion in assets designated for mesothelioma victims. Average combined recoveries range from $300,000 to $500,000, with expedited claims processing in as little as 90 days. Learn how to file claims, which trusts pay the most, and how to maximize your total compensation.
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$30+ Billion
Available in Trust Funds
60+ Trusts
Currently Active
90 Days
Average Processing
92%
Approval Rate
Executive Summary
Asbestos trust funds represent the largest private compensation mechanism in American legal history, with over 60 active trusts holding more than $30 billion in assets designated for mesothelioma victims and their families.[1] These funds were established when asbestos manufacturers faced overwhelming litigation and filed for bankruptcy, creating streamlined compensation systems that operate parallel to traditional lawsuits. The average mesothelioma victim qualifies for 5-8 different trusts based on their unique exposure history, with combined recoveries averaging $300,000 to $500,000—and exceptional cases exceeding $1 million from trust funds alone.[2] Expedited claims typically process within 90 days with approval rates exceeding 92% when filed with proper documentation, providing faster financial relief than traditional litigation while preserving the right to pursue additional compensation through lawsuits against solvent defendants.[3]
Key Facts: Asbestos Trust Fund Compensation
- • $30+ Billion Available: Over 60 active asbestos bankruptcy trusts hold substantial assets for current and future mesothelioma victims, with the system having already distributed more than $17 billion to approximately 3.3 million claimants since 1988.[1]
- • Average Recovery $300,000-$500,000: Most mesothelioma victims qualify for 5-8 different trusts based on exposure history, with combined multi-trust recoveries in this range and exceptional cases exceeding $1 million.[2]
- • 90-Day Processing: Expedited review claims—representing 97-98% of all filings—typically process within 90 days, providing faster financial relief than lawsuits which average 12-18 months.[3]
- • 92% Approval Rate: Trust fund claims have high success rates when filed with proper documentation, making them one of the most reliable compensation sources for mesothelioma victims.[1]
- • NARCO Trust Pays 100%: The highest-paying trust (NARCO) pays 100% of scheduled values with average mesothelioma payments of $238,000—significantly above other trusts.[1]
- • Johns-Manville: 5.1% of $350,000: The oldest and largest trust pays 5.1% of the $350,000 mesothelioma scheduled value (approximately $17,850), but nearly every victim qualifies due to the company's ubiquitous products.[4]
- • Veterans: 30% of Cases: Military veterans represent 30% of all mesothelioma cases, and can receive VA disability benefits ($3,831/month at 100% rating) simultaneously with trust fund payments—no offset applies.[5]
- • Dual-Track Strategy: Trust fund claims operate independently from lawsuits—you can pursue both simultaneously to maximize total compensation without one reducing the other.[1]
What Are Asbestos Trust Funds and How Do They Work?
This section explains the history, structure, and operation of asbestos bankruptcy trusts—the compensation mechanism that guarantees payment to mesothelioma victims even when the responsible companies no longer exist.
Asbestos trust funds are court-supervised compensation programs established when companies faced overwhelming liability from asbestos exposure claims and filed for bankruptcy protection. Rather than liquidating and leaving victims with nothing, bankruptcy courts required these companies to fund trusts adequately before receiving protection from future lawsuits—creating dedicated pools specifically for asbestos victims.[1]
The first major asbestos trust—Johns-Manville—was established in 1988 after the company's landmark 1982 bankruptcy filing. This case created the legal framework that all subsequent asbestos trusts would follow, establishing how companies could reorganize while ensuring victims receive compensation. Today, three major claims processing organizations manage the majority of trusts: CRMC (Claims Resolution Management Corporation) manages 15+ trusts including Johns-Manville and NARCO; Verus Claims Services manages 35+ trusts; and DCPF (Delaware Claims Processing Facility) oversees 12+ major trusts.[4]
"Trust funds provide a critical compensation pathway that works differently from traditional lawsuits. While lawsuits require proving a defendant's negligence in court, trust fund claims involve documenting exposure to the bankrupt company's products and meeting established medical criteria. This creates faster, more predictable compensation for victims who need financial resources during treatment."
— Paul Danziger, Founding Partner, Danziger & De Llano
How Do Trust Fund Payment Percentages Work?
Each trust assigns scheduled values to different disease categories—mesothelioma claims typically have the highest scheduled values, ranging from $100,000 to $350,000 depending on the trust. However, trusts pay a percentage of these scheduled values rather than the full amount, with percentages adjusted periodically based on fund solvency and projected future claims.[1]
Payment percentages range dramatically—from 100% at the NARCO Trust to just 3% at smaller trusts like H.K. Porter. The Johns-Manville Trust, despite being the oldest and largest, currently pays 5.1% of scheduled values following its March 2025 adjustment. This means a mesothelioma claim with a $350,000 scheduled value yields approximately $17,850 from Johns-Manville—but victims typically qualify for 5-8 additional trusts that collectively recover hundreds of thousands more.[4]
Important: Payment Percentages Change
Multiple trusts reduced payment percentages in 2025 to preserve funds for future claimants—Kaiser Aluminum dropped 32% (from 15.5% to 10.6%), while Johns-Manville fell from 5.5% to 5.1%. Delayed filing directly reduces compensation. The only trust to increase payments in 2025 was Shook & Fletcher, which rose from 50% to 58%.[3]
Which Asbestos Trust Funds Pay the Most for Mesothelioma?
This section examines the highest-paying trusts by tier, helping victims understand which claims yield the greatest compensation and why filing with every qualifying trust matters.
Tier 1: Highest Payment Percentages (30%+)
NARCO Trust — 100% Payment Rate
Initial funding: $6.32 billion | Current assets: $2.1 billion | Average mesothelioma payment: $238,000
The only major trust paying full scheduled values. Workers exposed to NARCO (North American Refractories Company) products at industrial facilities should prioritize this trust.[1]
Shook & Fletcher — 58% Payment Rate
Initial funding: $1.1 billion | Current assets: $450 million | Average mesothelioma payment: $195,000
Increased from 50% in May 2025—the only trust to raise payments this year.[1]
ASARCO — 35% Payment Rate
Initial funding: $1.85 billion | Current assets: $780 million | Average mesothelioma payment: $165,000
Mining and smelting industry exposure.[1]
W.R. Grace — 30.1% Payment Rate
Initial funding: $3.0 billion | Current assets: $1.5-1.84 billion | Average mesothelioma payment: $142,000
Adjusted April 2025. Covers Libby vermiculite and Zonolite insulation exposure.[1]
Tier 2: Moderate Payment Percentages (10-30%)
Pittsburgh Corning — 19% Payment Rate
Initial funding: $3.41 billion | Current assets: $1.114 billion | Average mesothelioma payment: $125,000
Manufactured UNIBESTOS, one of the most widely used asbestos insulation products in American industry.[1]
USG Trust — 11% Payment Rate
Initial funding: $4.0 billion | Current assets: $820.4 million | Average mesothelioma payment: $85,000
Confirmed January 2025. Major drywall and construction materials manufacturer.[1]
Kaiser Aluminum — 10.6% Payment Rate
Initial funding: $850 million | Current assets: $290 million | Average mesothelioma payment: $78,000
Dropped 32% from 15.5% in May 2025—demonstrating why timing matters.[1]
Tier 3: Lower Payment Percentages (Under 10%)
Johns-Manville — 5.1% Payment Rate
Initial funding: $3.02 billion | Claims processed: ~1 million | Total distributed: $5+ billion
The oldest and largest trust. Despite low percentages, nearly every victim qualifies because Johns-Manville products were ubiquitous in American industry.[4]
Owens Corning/Fibreboard — 4.7% Payment Rate
Initial funding: $4.9 billion combined | Current assets: $1.8 billion | Average mesothelioma payment: $45,000
Combined trust structure covering major insulation manufacturer.[1]
Celotex — 7% Payment Rate
Initial funding: $1.2 billion | Current assets: $210 million | Average mesothelioma payment: $62,000
Insulation products widely used in construction.[1]
Additional active trusts include A&I Corporation (8.5%), AC&S (14%), Eagle-Picher (33%), Federal-Mogul subfunds (8.5%-12.2%), Flintkote (15%), and dozens more. Each trust a victim qualifies for adds to total recovery—which is why comprehensive exposure investigation is critical.[1]
How Do I Qualify for Asbestos Trust Fund Compensation?
This section explains the eligibility requirements, disease categories, and documentation needed to file successful trust fund claims.
Disease Categories and Scheduled Values
Trust funds recognize eight disease levels, with mesothelioma (Level 8) commanding the highest compensation. Different diseases have different scheduled values, and the combination of disease level and payment percentage determines actual payout.[1]
Compensation by Disease Category:
Level 8 — Mesothelioma: Combined recovery typically $300,000-$500,000+ across all qualifying trusts
Level 7 — Lung Cancer with Asbestos: Combined recovery typically $350,000-$450,000 (requires causation evidence)
Levels 1-6 — Non-Malignant Conditions: $7,000-$50,000 per trust (asbestosis, pleural disease, other conditions)
Documentation Requirements
Successful claims require documenting both medical diagnosis and exposure to the specific bankrupt company's products. Most trusts require exposure before December 31, 1982 (when most companies stopped using asbestos) and a minimum latency period of 10-15 years between first exposure and diagnosis.[3]
Essential Documentation Checklist:
Exposure Evidence:
- ☐ Employment records with dates/locations
- ☐ Social Security earnings statements
- ☐ Union membership records
- ☐ W-2 forms from relevant employers
- ☐ Co-worker affidavits confirming exposure
- ☐ Product identification evidence
Medical Documentation:
- ☐ Pathology report with diagnosis
- ☐ Imaging studies (CT, X-ray, PET)
- ☐ Physician causation statement
- ☐ Treatment records
- ☐ Military service records (DD-214)
- ☐ Work history timeline
"Documentation is where most victims underestimate the complexity. Companies went out of business 40+ years ago, employment records may be lost, and witnesses have passed away. Experienced attorneys maintain databases of jobsite information and product identification that prove invaluable for building strong claims."
— Rod De Llano, Founding Partner, Danziger & De Llano
How Do I File Asbestos Trust Fund Claims?
This section walks through the step-by-step filing process and explains the critical choice between expedited and individual review.
Step-by-Step Filing Process
Exposure Assessment (Week 1)
Document complete work history identifying all potential asbestos exposure sources including direct product contact and secondary exposure.
Product Identification (Weeks 2-3)
Match exposure history with specific manufacturers' products to identify all qualifying trusts.
Medical Documentation (Weeks 2-4)
Gather pathology reports, imaging studies, physician statements, and treatment records.
Claim Preparation & Submission (Month 2)
Complete trust-specific claim forms with required documentation for each qualifying trust.
Review & Payment (Months 3-6)
Expedited claims process within 90 days; individual review takes 6-18 months but may yield higher amounts.
Expedited Review vs. Individual Review
Each trust offers two review pathways. Choosing the right one for each trust can significantly impact total recovery.[3]
Expedited Review
- • 97-98% of all claims
- • 90 days average processing
- • Fixed scheduled values
- • Standard documentation required
- • Best for clear exposure, urgent needs
Individual Review
- • 2-3% of claims
- • 6-18 months processing
- • Potentially 200-300% higher
- • Extensive documentation required
- • Best for exceptional evidence, young victims
Can I File Both Trust Fund Claims and a Lawsuit?
This section explains how trust funds and lawsuits work together—and why pursuing both typically maximizes total compensation.
Yes—You Can Pursue Both Simultaneously
Trust fund claims and lawsuits operate on completely independent tracks. Trust funds provide faster payments (90 days) while litigation proceeds toward potentially larger recovery (12-18 months). This dual-track strategy typically maximizes total compensation.[1]
Trust Funds vs. Lawsuits: Key Differences
Trust Fund Claims:
- • Timeline: 90 days average
- • Outcome: Guaranteed with documentation
- • Amount: Reduced % of scheduled values
- • Pain & suffering: Limited
- • Process: Streamlined documentation
Lawsuits Against Solvent Defendants:
- • Timeline: 12-18 months typical
- • Outcome: Uncertain (but potentially higher)
- • Amount: Full damages available
- • Pain & suffering: Fully assessed
- • Process: Full litigation required
Many defendants in mesothelioma lawsuits claim settlement credits for trust fund payments, potentially affecting trial verdicts or settlement values. The decision to file trust claims before, during, or after litigation impacts total recovery—professional coordination ensures maximum combined compensation from both sources.[3]
What Special Trust Fund Provisions Apply to Veterans?
This section explains why veterans represent 30% of mesothelioma cases and how they can receive both VA benefits and trust fund compensation without offset.
Veterans: You Can Receive Both VA Benefits AND Trust Fund Payments
Federal regulation 38 CFR § 17.106 explicitly prohibits reducing VA disability compensation based on trust fund payments or lawsuit settlements. Veterans with mesothelioma receive automatic 100% disability ratings worth $3,831.30 monthly (2025 rates)—and can collect this simultaneously with trust fund payments without any offset.[5]
Military veterans face particularly high mesothelioma risk due to extensive asbestos use in naval vessels, military aircraft, barracks, and industrial facilities. Navy personnel experienced the highest exposure rates—ships from the 1930s through 1980s contained asbestos in virtually every system: pipe insulation, boiler lagging, turbine wrapping, bulkhead panels, and more.[5]
"Navy veterans often qualify for significantly more trusts than they initially realize. The ships themselves contained products from multiple manufacturers, and veterans who worked in shipyards during construction or repair periods have additional exposure sources that expand their trust fund portfolio dramatically."
— Michelle Whitman, Attorney, Danziger & De Llano
Veterans have unique advantages in trust fund claims because military service records provide excellent exposure documentation. Ship construction logs, military occupational specialty records, and duty station histories all help establish exposure to specific products—documentation that civilian workers often cannot replicate.[5]
What Mistakes Cost Mesothelioma Victims the Most Money?
This section examines the most costly errors victims make when filing trust fund claims—and why professional representation typically increases recovery by 50-70%.
Warning: Self-Filed Claims Routinely Miss $100,000+
Self-represented claimants typically recover 50-70% less than professionally represented victims—not due to legal fees, but because of fundamental claim optimization failures. The "savings" from avoiding legal fees typically costs victims 3-5x more in missed recovery.[3]
Most Costly Filing Mistakes:
Filing with Too Few Trusts
Self-filed claims routinely miss 5-10 qualifying trusts that professional attorneys identify through comprehensive exposure analysis. Each missed trust represents $10,000-$100,000 in lost compensation. Automotive mechanics, for example, often focus on brake manufacturers while missing gasket, clutch, and adhesive manufacturer trusts that could double total recovery.[3]
Choosing Wrong Review Pathway
Accepting expedited review when individual review would yield substantially more—or vice versa—based on claim-specific factors. Individual review can yield 200-300% higher payments for claims with exceptional documentation.[3]
Timing Errors
Payment percentage changes devastate recovery for claimants who miss filing windows. A trust paying 10% today might pay 5% next year, costing claimants hundreds of thousands in lost recovery. Kaiser Aluminum's 32% payment reduction in May 2025 demonstrates this risk.[1]
Evidence Preservation Failures
Witnesses die, documents disappear, and memories fade over the decades between exposure and diagnosis. Professional firms capture testimony and documentation while available—institutional knowledge proving invaluable when reconstructing exposure histories from 30-50 years ago.[6]
⚠️ Critical Alert: Document Destruction in Progress
Multiple major trusts began destroying claim records over 10 years old starting April 15, 2025, despite objections from state Attorneys General.
Affected Trusts (Destruction Began 2025):
- • W.R. Grace Trust — announced January 15, 2025
- • Babcock & Wilcox — announced January 15, 2025
- • Pittsburgh Corning — announced January 15, 2025
- • Owens Corning — announced January 15, 2025
- • Shook & Fletcher — announced March 3, 2025
Document destruction impacts fraud prevention mechanisms and future litigation support, potentially affecting claimants who need historical records to prove exposure. If you have potential asbestos exposure through any of these companies' products, contact an attorney immediately to preserve your claim rights before records disappear permanently.[3]
Frequently Asked Questions About Asbestos Trust Funds
How much money is available in asbestos trust funds?
Over $30 billion remains available across 60+ active asbestos bankruptcy trusts. These funds were established when asbestos manufacturers filed for bankruptcy protection, creating dedicated compensation pools for current and future victims. Most mesothelioma victims qualify for 5-8 different trusts, with combined recoveries averaging $300,000 to $500,000.[1]
How long does it take to receive asbestos trust fund payments?
Expedited trust fund claims typically process within 90 days, with approval rates exceeding 92% when filed with proper documentation. Individual review claims, which may yield higher payments for exceptional cases, take 6-18 months. Trust fund payments are significantly faster than lawsuit settlements, which average 12-18 months.[3]
Can I file both trust fund claims and a lawsuit?
Yes, you can pursue both trust fund claims and lawsuits simultaneously. Trust funds operate independently from litigation—they provide faster payments while lawsuits proceed toward potentially larger recovery. This dual-track strategy typically maximizes total compensation. Trust fund payments do not reduce your lawsuit settlement or verdict.[1]
What if I don't remember which asbestos products I was exposed to?
Experienced attorneys use industrial hygienists and comprehensive product identification databases to identify exposures even when victims don't remember specific products. Professional firms maintain decades of jobsite information, contractor records, and witness testimony that helps reconstruct exposure histories from 30-50 years ago.[3]
Do I need a lawyer to file asbestos trust fund claims?
While not legally required, professional representation typically results in 50-70% higher recovery. Experienced attorneys identify all qualifying trusts (most self-filers miss 5-10 trusts), navigate complex documentation requirements, and coordinate claims strategically. Attorneys work on contingency—no upfront costs, and fees only apply if you receive compensation.[3]
References
- [1] WikiMesothelioma, "Asbestos Trust Funds" — Comprehensive database of 60+ active trusts including payment percentages, initial funding, current assets, and filing requirements.
- [2] WikiMesothelioma, "Trust Fund Claim Optimization" — Strategic filing guidance for maximizing multi-trust recovery averaging $300,000-$500,000.
- [3] WikiMesothelioma, "Trust Fund Filing Guidance" — Step-by-step filing procedures, expedited vs. individual review comparison, and 2025 payment percentage changes.
- [4] WikiMesothelioma, "Johns Manville Trust" — America's oldest and largest asbestos trust, $5+ billion distributed to nearly 1 million claimants since 1988.
- [5] WikiMesothelioma, "Veterans Benefits" — VA disability compensation ($3,831/month at 100% rating) and trust fund coordination for military veterans.
- [6] WikiMesothelioma, "Evidence Preservation" — Critical documentation requirements and strategies for preserving claim evidence.
Find Out Which Trust Funds You Qualify For
Most mesothelioma victims qualify for 5-8 trust funds with combined recoveries averaging $300,000-$500,000. Our free case evaluation identifies all your qualifying trusts and estimates your potential compensation—with no obligation.
Available 24/7. No fee unless you receive compensation.
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