TRUST FUND GUIDE
A plain-English guide to the Babcock & Wilcox Company Asbestos Personal Injury Settlement Trust, how it pays claims, and the current numbers.
If you or a family member worked around Babcock & Wilcox boilers and later got sick, you may have a claim against a bankruptcy trust set up to pay people harmed by asbestos. This guide explains what the Babcock & Wilcox Asbestos Trust is, which products and jobs it covers, and how much a claim may be worth today.
We are Throneberry Law Group, a nationwide mesothelioma and asbestos firm. We help workers and families file trust claims and pursue every source of recovery. Our founding attorney, Michael Throneberry, has a personal connection to this disease. His father-in-law died of mesothelioma. If you have questions after reading this, you can contact us for a free case review.
CURRENT TRUST STATUS
The trust pays 11.9 percent of a claim’s value on both of its review tracks. The trust reviews and can change the percentage over time, so the current figure may be different when you file. Source: Babcock & Wilcox Asbestos Trust, official site, Current Payment Percentage.
BACKGROUND
The Babcock & Wilcox Asbestos Trust pays people who got sick from asbestos tied to Babcock & Wilcox boilers and related equipment. Babcock & Wilcox built large boilers for power plants, ships, factories, and other industrial sites, and those boilers used asbestos insulation, refractory, and gaskets.
The trust was formed in 2006 out of the bankruptcy of The Babcock & Wilcox Company, Diamond Power International, Inc., Babcock & Wilcox Construction Co., Inc., and Americon, Inc. The bankruptcy petition date is February 22, 2000, and the trust began accepting claims on July 17, 2006. Source: Babcock & Wilcox Asbestos Trust, official site, and the Revised B&W Trust Distribution Procedures.
The trust covers valid asbestos personal injury and wrongful death claims against these companies and certain related parties, under Trust Distribution Procedures approved by the bankruptcy court.
PRODUCTS & COMPANIES COVERED
The trust covers asbestos claims tied to Babcock & Wilcox boilers and the related companies named in the bankruptcy. These are the main product and company categories the trust was built around.
Asbestos was used in the insulation, refractory lining, and gaskets on Babcock & Wilcox boilers for decades. A worker who built, ran, cleaned, or tore out these boilers is the kind of claimant the trust was built to pay. We match your work history to the right company and equipment before we file.
INDUSTRIES, TRADES & OCCUPATIONS
Babcock & Wilcox boilers were the heart of many power plants and industrial sites. Boilermakers, pipefitters, insulators, welders, and millwrights worked on and around them, cutting insulation and replacing gaskets and refractory. That work released asbestos dust into the air they breathed.
The same boilers were used aboard Navy and merchant ships and in factories. Power plant workers, shipyard crews, and industrial maintenance workers all faced exposure. Family members were sometimes exposed second-hand from dust carried home on work clothes.
HOW IT WORKS
Babcock & Wilcox set a scheduled value for each disease level in its Trust Distribution Procedures, then pays a share of that value called the payment percentage. The more serious the illness, the higher the scheduled value.
The current payment percentage is 11.9 percent. On an Expedited Review claim, the trust pays 11.9 percent of the fixed scheduled value for your disease. On an Individual Review claim, the trust pays 11.9 percent of the gross settlement value it assigns after a full look at your case. Source: Babcock & Wilcox Asbestos Trust, official site, and the Revised B&W TDP.
A quick example. At the $90,000 mesothelioma scheduled value and the current 11.9 percent payment percentage, an Expedited Review mesothelioma claim pays about $10,710 from this one trust. Most clients have valid claims against several trusts, so this is one piece of a larger recovery.
FILING OPTIONS
Babcock & Wilcox offers a faster fixed-value track and a full-review track. The right choice depends on how strong and how well documented your case is.
Expedited Review
The trust checks your records against its standard medical and exposure criteria and pays the fixed scheduled value for your disease level, multiplied by the payment percentage. This track is faster and gives a predictable result.
Individual Review
The trust looks at your case in detail. The value can be higher than the scheduled value, up to the maximum value for your disease level, but it takes longer and calls for stronger proof. Well-documented mesothelioma cases often do better here.
THE NUMBERS
These are the scheduled, average, and maximum values in the trust’s Revised Trust Distribution Procedures. Expedited Review pays the scheduled value times the payment percentage. Individual Review can reach the average or maximum for the more serious levels.
| Disease Level | Scheduled Value | Average Value | Maximum Value |
|---|---|---|---|
| Mesothelioma (Level VIII) | $90,000 | $120,000 | $400,000 |
| Lung Cancer 1 (Level VII) | $35,000 | $45,000 | $150,000 |
| Lung Cancer 2 (Level VI) | Individual Review | $15,000 | $50,000 |
| Other Cancer (Level V) | $18,500 | $22,500 | $75,000 |
| Severe Asbestosis (Level IV) | $35,000 | $37,000 | $150,000 |
| Asbestosis / Pleural (Level III) | $10,000 | n/a | n/a |
| Asbestosis / Pleural (Level II) | $5,000 | n/a | n/a |
| Other Asbestos Disease (Level I) | $250 | n/a | n/a |
Lung Cancer 2 (Level VI) has no fixed scheduled value and is handled through Individual Review. The trust has amended its procedures over the years, so the current values may differ slightly from the base figures shown. You can read more about how mesothelioma compensation comes together across trusts and lawsuits.
GETTING STARTED
A strong trust claim takes preparation. Here is the path most clients walk with our firm.
1. Gather medical records. You need clear proof of diagnosis, usually a pathology report and a doctor’s statement tying the illness to asbestos.
2. Document your work history. Build a record of every job site, employer, and piece of equipment you worked around, with dates.
3. Match to covered companies. Tie your exposure back to Babcock & Wilcox boilers or a related covered company. That link decides whether the claim is paid.
4. Choose your review track. Your attorney helps decide between Expedited Review and Individual Review based on your records.
5. File and track. Submit the claim and supporting documents, then follow it through review, payment, and any lien resolution.
WHY THRONEBERRY LAW
Trust claims can look simple on paper, but small choices change the outcome by thousands of dollars. The disease level you claim, the review track you pick, and the way you document exposure all matter.
22+ Years of Asbestos Work
Attorney Michael Throneberry has pursued asbestos cases for more than two decades, with hundreds of trust and lawsuit recoveries. We know how the Babcock & Wilcox trust reads a file and what proof moves a claim.
No Fee Unless We Win
We work on contingency. You pay nothing unless we recover money for you, and your first case review is free.
Personal Attention
Our founding attorney stays involved in every case, and we travel to you, including to your home or hospital room. We also serve Spanish-speaking families.
GET HELP
If you worked around Babcock & Wilcox boilers and later developed mesothelioma, lung cancer, or another asbestos disease, the Babcock & Wilcox trust may owe you money. It is often one of several trusts that can pay a single worker. We find every trust and every claim that fits your history, then handle the filings so you can focus on your health. You can also compare asbestos settlements and see how trust money fits the bigger picture.
If someone in your family has mesothelioma or another asbestos illness, we can review your work history at no cost and tell you which trusts may pay. There is no fee unless we win. To get started, reach our team through our contact form.
SOURCES
Babcock & Wilcox Asbestos Trust, official site (bwasbestostrust.com), Overview and Current Payment Percentage (11.9 percent; trust formed 2006; claims opened July 17, 2006).
Revised Babcock & Wilcox Trust Distribution Procedures (petition date February 22, 2000; disease levels and scheduled, average, and maximum values).
Covered companies (The Babcock & Wilcox Company, Diamond Power International, Babcock & Wilcox Construction Co., Americon) from the trust’s official site.
DISCLAIMER
This page is general information, not legal advice. Trust payment percentages, scheduled values, and rules change over time, and the figures here may not be current when you read them. Contacting us through a form or a call does not create an attorney-client relationship. Every case is different, and past results do not promise a future outcome.
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