THRONEBERRY LAW
Mesothelioma & Asbestos Attorneys
TRUST PAYMENT REFERENCE
A payment reference for the ASARCO Asbestos Personal Injury Settlement Trust, which pays claims for ASARCO, CAPCO asbestos-cement pipe, and Lac d'Amiante du Quebec (LAQ) asbestos fiber. Every figure below was checked against the trust's own website, notices, annual report, and Trust Distribution Procedures on October 16, 2026.
CURRENT TRUST STATUS
The ASARCO asbestos trust pays 35% of scheduled value. The trust's 2025 annual report, filed with the bankruptcy court on April 29, 2026, states that the payment percentage remains at 35% and that the trustee will take an in-depth look at it in 2027 or sooner. The initial rate under the TDP was 22%. A mesothelioma claim carries a $170,000 scheduled value, so an Expedited Review mesothelioma claim pays about $59,500. Individual Review can go up to a $900,000 maximum before the percentage. Unlike most trusts, ASARCO sets no cutoff date for exposure.
Throneberry Law Group files ASARCO claims for pipe installers, insulators, gasket makers, and smelter and refinery crews and their families across the country. ASARCO is one of the better-paying trusts on our asbestos trust funds guide, and it is also one of the easiest to miss, because the exposure that qualifies is often to another company's product made with LAQ fiber.
PAYMENT REFERENCE
The table below is the short answer. The sections that follow explain each line.
| Current payment percentage | 35% of scheduled value for Expedited Review and of the liquidated value for Individual Review. Level I cash discount claims are paid their full $400 and are not subject to the percentage. |
|---|---|
| In effect since | The trust posts no notice dating the 35% rate. Its 2025 annual report, filed April 29, 2026, states the rate "remains at 35%" and that the trust will undertake an in-depth review in 2027 or earlier. |
| Prior rate | The initial payment percentage was 22% (TDP Section 4.2). The trust has posted no notice recording the step or steps from 22% to 35%. |
| Review cycle | At least once every three years, and sooner if the trustee, the TAC, or the FCR asks (TDP Section 4.2). Next in-depth review planned for 2027 or earlier (2025 annual report). |
| Mesothelioma scheduled value | $170,000 (Disease Level VIII, TDP Section 5.3(b)(3)). Individual Review average $280,000, maximum $900,000. |
| Mesothelioma payout at the current rate | About $59,500 under Expedited Review ($170,000 x 35%). Individual Review pays 35% of the value the trust sets, up to $900,000 before the percentage, or about $315,000 after it. |
| Review options | Expedited Review for Levels I, II, III, IV, V, VII, and VIII. Individual Review only for Lung Cancer 2 (Level VI), Extraordinary Claims, and foreign claims. Since July 2, 2014 a secondary exposure claim may choose either route (Third Amendment to the TDP). |
| Exposure requirement | Meaningful and credible exposure of one of three kinds, with no date cutoff (TDP Section 5.7(b)(3)): CAPCO exposure, to asbestos-cement pipe or other products CAPCO or ASARCO made or sold; LAQ exposure, to asbestos fiber mined or sold by Lac d'Amiante du Quebec, including products other companies made with that fiber; or premises exposure, at least 30 days at a site ASARCO owned or controlled. Mesothelioma needs ASARCO exposure only. Levels III, IV, V, and VII need six months of ASARCO exposure plus Significant Occupational Exposure (five years in an asbestos trade, two of them in the qualifying occupation). Level II needs six months plus five years of occupational exposure. One claim per person, whichever route applies. |
| LAQ shortcut | A claimant who used one of four named products in a listed trade, or who worked at one of the 360 plants on the trust's Schedule B list of LAQ fiber buyers, can proceed under Expedited Review on that showing (Revised Notice to Holders dated April 15, 2013; Revised Schedule A adopted February 10, 2015). The trust pays only the LAQ share of liability on those products. |
| Filing deadline | For anyone diagnosed on or after April 11, 2005, within three years after diagnosis, or by January 6, 2014, whichever is later, regardless of any state statute of limitations (TDP Section 5.1(a)(2); Notice of Filing Deadlines). Claims diagnosed before April 11, 2005 had to be filed by January 6, 2014. |
| Deemed withdrawn policy | A claim is treated as withdrawn if the claimant neither accepts, rejects, nor starts ADR within one year of the trust's written offer or rejection (TDP Section 6.3 as amended by the Fifth Amendment, effective February 22, 2018; the original period was six months). A withdrawn claim can be refiled, and withdrawal does not change the claim's statute of limitations status (Fourth Amendment), but the refiled claim goes to the back of the queue. A claimant may instead defer the claim for up to two years and keep their place. |
| Sequencing adjustment | A claim that waits a year or more for payment after entering the queue earns an interest-style addition, 3% a year for the trust's first five years and at the trustee's discretion since, for up to seven years (TDP Section 7.4). Not paid on Level I claims. |
| Extraordinary Claims | Up to six times the scheduled value for mesothelioma (Second Amendment, effective March 24, 2014), five times the scheduled value for Levels II through V and VII, and five times the average value for Level VI, each multiplied by the payment percentage (TDP Section 5.4(a)). For claims where ASARCO exposure was at least 75% of the total. Individual Review only. |
| Fees | No filing fee or re-filing fee is stated in the trust's filing instructions. The TDP leaves a filing fee to the trustee's discretion (Section 6.4), and none has been adopted. |
| Claims processor | Verus Claims Services. |
| Claims accepted since | July 2010, with processing deferred until August 22, 2012 while the trust reviewed CAPCO and LAQ sales records (Revised Notice to Holders dated April 15, 2013). The Initial Claims Filing Date was January 5, 2011. |
| Trust created | December 9, 2009, the effective date of the Seventh Amended Plan of Reorganization of Asarco Incorporated and Americas Mining Corporation, as modified in August 2009. The subsidiary debtors (LAQ, Lake Asbestos of Quebec, CAPCO Pipe Company, and Cement Asbestos Products Company) filed for Chapter 11 on April 11, 2005; ASARCO LLC filed on August 9, 2005. |
| Last checked | October 16, 2026, against asarcotrust.com, the ASARCO Asbestos Personal Injury Settlement Trust Distribution Procedures and their Second (March 24, 2014), Third (July 2, 2014), Fourth, and Fifth (February 22, 2018) Amendments, the 2025 Annual Report filed April 29, 2026, the Instructions for Filing Asbestos Personal Injury Claims (updated August 11, 2020), the Notice of Filing Deadlines, the Revised Notice to Holders dated April 15, 2013, Revised Schedule A adopted February 10, 2015, Schedule B, and the Policies for Reviewing and Liquidating Claims effective September 1, 2014. |
SCHEDULE OF DISEASES
The trust sorts asbestos diseases into eight levels. Seven carry a fixed scheduled value for Expedited Review. Lung Cancer 2 has no scheduled value and goes through Individual Review only. The average and maximum values come from TDP Section 5.3(b)(3) and apply to Individual Review.
| Level | Disease | Scheduled Value | IR Average | IR Maximum | ER Payout at 35% |
|---|---|---|---|---|---|
| VIII | Mesothelioma | $170,000 | $280,000 | $900,000 | About $59,500 |
| VII | Lung Cancer 1 | $60,000 | $90,000 | $150,000 | About $21,000 |
| VI | Lung Cancer 2 | None | $15,000 | $35,000 | Individual Review |
| V | Other Cancer | $20,000 | $32,000 | $75,000 | About $7,000 |
| IV | Severe Asbestosis | $50,000 | $70,000 | $125,000 | About $17,500 |
| III | Nonmalignant Asbestos Disease | $7,500 | $8,000 | $25,000 | About $2,625 |
| II | Nonmalignant Asbestos Disease | $3,000 | Not set | Not set | About $1,050 |
| I | Other Asbestos Disease (Cash Discount) | $400 | Not set | Not set | $400 (not reduced) |
The Expedited Review payout is the scheduled value times 35%, rounded. Level I claims are paid the full $400 with no percentage applied. These values have not been adjusted since the TDP took effect; the trustee may change them with TAC and FCR consent, and no change has been posted.
FILING REQUIREMENTS
The trust checks three things on every claim: the disease, the exposure, and the timing. ASARCO's exposure rules are unusual in two ways: there is no cutoff date, and the covered exposure is often to another company's product.
The claimant must show meaningful and credible exposure of one of three kinds (TDP Section 5.7(b)(3)). CAPCO exposure means asbestos-cement pipe or any other asbestos product that CAPCO or ASARCO made, sold, or supplied. LAQ exposure means asbestos fiber that Lac d'Amiante du Quebec or ASARCO mined, sold, or distributed, which includes products that other manufacturers made with that fiber. Premises exposure means at least 30 days of exposure at a site ASARCO owned, leased, or controlled, and those claims run under the trust's separate premises procedures. A person who qualifies more than one way still recovers on one claim. The trust accepts an affidavit from the worker, a co-worker, or a family member of a deceased worker, as well as invoices, employment or construction records, and other credible evidence. For LAQ claims the trust publishes two shortcuts: Revised Schedule A names four products and the trades that are presumed to have used them, and Schedule B lists 360 plants that bought LAQ fiber, by city, state, and years. Mesothelioma needs ASARCO exposure only. Lung Cancer 1, Other Cancer, Severe Asbestosis, and Level III also need six months of ASARCO exposure and Significant Occupational Exposure, which means five years in a trade that handled, cut, or worked next to asbestos products, with at least two of those years in the qualifying occupation.
A mesothelioma claim needs a diagnosis of mesothelioma, usually a pathology report. Lower levels require the medical findings the TDP lists for that level, such as a B reader's ILO reading of 1/0 or higher for the nonmalignant levels and 2/1 or higher with reduced lung function for Severe Asbestosis. The National Cancer Institute explains what mesothelioma is and how it is diagnosed.
For anyone diagnosed on or after April 11, 2005, the TDP's own deadline is three years after diagnosis, and it applies regardless of any state statute of limitations (TDP Section 5.1(a)(2)). Once a claim is filed, the trust's policies call for a rejection, deficiency notice, or offer within 90 days for Expedited Review and 120 days for Individual Review. An offer or rejection left unanswered for one year is treated as a withdrawal, a longer window than most trusts allow, and a withdrawn claim can be refiled but loses its place in line. A claimant who needs time can instead defer the claim for up to two years and keep their place. We file soon after diagnosis and answer every offer well inside the year.
Expedited Review pays the scheduled value times the payment percentage once the claim meets the level's medical and exposure criteria. For mesothelioma that is about $59,500 at 35%. Individual Review looks at the whole case, including age, earnings, dependents, and how much of the exposure was ASARCO's, and can set a value up to $900,000 for mesothelioma before the percentage, or about $315,000 after it. Lung Cancer 2 claims, foreign claims, and Extraordinary Claims must use Individual Review. An Extraordinary Claim, where at least 75% of the worker's exposure was to products or conduct ASARCO is responsible for, can be valued at up to six times the mesothelioma scheduled value, or $1,020,000 before the percentage (TDP Section 5.4(a), as amended March 24, 2014). At 35%, Individual Review is worth a serious look for a mesothelioma claimant whose exposure was mostly CAPCO pipe or LAQ fiber, and we run that comparison before filing.
RATE HISTORY
The TDP set the initial payment percentage at 22% when the trust took effect on December 9, 2009, and guaranteed that anyone who voted on the plan would never receive less than 22% of their liquidated value (TDP Section 4.2). The trust has posted no rate change notices on its website. The only current statement of the rate is the trust's annual report to the bankruptcy court, and the 2025 report, filed April 29, 2026, says the payment percentage remains at 35% and that the trust will undertake an in-depth review in 2027 or earlier. We will update this page when the trust posts a notice or its next annual report.
The rate has gone up, not down, since the trust opened. What has changed on the claims side is procedure: the mesothelioma Extraordinary Claim cap rose from five to six times scheduled value on March 24, 2014, secondary exposure claimants gained the choice of Expedited or Individual Review on July 2, 2014, withdrawal stopped affecting a claim's limitations status under the Fourth Amendment, and the deemed-withdrawal window stretched from six months to one year on February 22, 2018. The scheduled values themselves have not moved. Through the end of 2025 the trust had received 557,875 claims, including 47,496 for mesothelioma, and had paid more than $802 million on them.
PRODUCTS AND WORK SITES
ASARCO was a mining and smelting company, and its asbestos liability runs through two subsidiaries. CAPCO (Cement Asbestos Products Company, later Capco Pipe Company) made asbestos-cement water and sewer pipe at Ragland, Alabama from 1965 and at a second plant in Van Buren that ran until 1993, by which time it was the last asbestos-cement pipe maker in the country. Lac d'Amiante du Quebec (LAQ) mined chrysotile asbestos fiber and sold it to hundreds of U.S. manufacturers. The trust's own records define three groups of covered exposure.
The CAPCO pipe reached water and sewer crews, pipelayers, plumbers, and the construction trades that cut it in the trench. The LAQ fiber reached factory workers at the Schedule B plants and the pipefitters, insulators, boiler workers, and steelworkers who handled the Schedule A products. A worker with Garlock gasket or Kaylo exposure usually has claims against the Garlock and Owens Corning trusts as well, and the ASARCO trust pays only the LAQ share of those products, so we file all of them together.
QUESTIONS
As of October 16, 2026, the ASARCO Asbestos Personal Injury Settlement Trust pays 35% of scheduled value. The trust's 2025 annual report, filed April 29, 2026, states that the rate remains at 35%, up from the 22% initial rate set in the TDP, and that the trust will review it in depth in 2027 or earlier.
The mesothelioma scheduled value is $170,000. At the current 35% rate, an Expedited Review claim pays about $59,500. Individual Review can set a value up to $900,000 before the percentage, which is about $315,000 at 35%, and an Extraordinary Claim can be valued at up to six times the scheduled value.
Usually not. For anyone diagnosed on or after April 11, 2005, the trust's own deadline is three years after diagnosis, and the TDP applies it regardless of state statutes of limitations. There is no exposure cutoff date, so later exposure to CAPCO pipe or LAQ fiber products still counts. The safest step is to file soon after diagnosis.
WHY THRONEBERRY LAW
ASARCO is the trust families most often leave on the table, because nothing in a work history says "ASARCO." It says Garlock gaskets, or Kaylo, or a plant in Indiana, or a water main in Alabama. We run every client's products and plants against the trust's Schedule A and Schedule B before we decide what to file, and at 35% with a $170,000 scheduled value, a missed ASARCO claim is a missed $59,500. Our overview of mesothelioma compensation explains how trust payments fit with lawsuits and other recoveries, and attorney Michael Throneberry, who has handled asbestos cases for more than two decades, reviews every trust claim before it goes out.
We work on contingency, so you pay nothing unless we recover money for you. We serve clients nationwide, we can help Spanish-speaking families, and we travel to you, including to your home or hospital.
SOURCES
Figures on this page come from the ASARCO Asbestos Personal Injury Settlement Trust website (asarcotrust.com), the ASARCO LLC Asbestos Personal Injury Settlement Trust Distribution Procedures and their Second Amendment (effective March 24, 2014), Third Amendment (effective July 2, 2014), Fourth Amendment, and Fifth Amendment (effective February 22, 2018), the trust's Annual Report for fiscal year 2025 filed April 29, 2026 in Case No. 05-21207 (Bankr. S.D. Tex.), the Instructions for Filing Asbestos Personal Injury Claims (updated August 11, 2020), the Notice of Filing Deadlines, the Revised Notice to Holders of Asbestos Personal Injury Claims dated April 15, 2013, Revised Schedule A adopted February 10, 2015, Schedule B (Plants Purchasing LAQ Fiber), the Policies for Reviewing and Liquidating Claims effective September 1, 2014, and the CAPCO Institutional Memory Memorandum dated November 19, 2012. Last checked October 16, 2026.
DISCLAIMER
This page is general information, not legal advice. Trust payment percentages, scheduled values, and procedures change, and the trust's own current documents control. Payout examples are arithmetic on the trust's published figures, not a promise of any result. Contacting us or sending a form does not create an attorney-client relationship.
Copyright 2026 Throneberry Law Group. All rights reserved.
GET A FREE CASE REVIEW
If you or a family member laid asbestos-cement pipe, worked in a plant that bought Quebec asbestos fiber, or handled Garlock gaskets or Kaylo insulation, the ASARCO asbestos trust may owe a payment at 35% of scheduled value, and it is usually one of several trusts that reach the same job history. We check the current rate, the exposure rules, and the deadline for every trust before we file.
We serve clients across the country, we can help Spanish-speaking families, and we charge nothing unless we recover for you. Start with a free, no-obligation case review through our contact form.
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