THRONEBERRY LAW GROUP
Mesothelioma & Asbestos Attorneys
TRUST PAYMENT REFERENCE
A payment reference for the Congoleum Plan Trust, which pays claims for asbestos exposure in a Congoleum facility or to asbestos products supplied, manufactured, produced, distributed, installed, maintained, or repaired by Congoleum, including its sheet vinyl and vinyl tile flooring. Every figure below was checked against the trust's own Trust Distribution Procedures, amendments, notices, and annual report on October 18, 2026.
CURRENT TRUST STATUS
The Congoleum asbestos trust pays 8.67% of a claim's liquidated value. The trustee set the rate at 8.67% effective October 12, 2023, down from 12.5%, and the trust's 2025 annual report confirms 8.67% was the rate for all of 2025. The most recent scheduled values the trust has posted are the inflation-adjusted figures as of January 1, 2019: $132,103 for mesothelioma, which pays about $11,453 at 8.67% under Expedited Review. The trust adjusts its values for inflation every year, so the figure the trust applies today is somewhat higher than the 2019 number, but the trust has not posted a newer table. Individual Review for mesothelioma averaged $139,800 (about $12,121 at 8.67%) with a $792,618 maximum. Since January 1, 2024 every claim carries a $50 filing fee, due within 60 days or the claim is not considered filed and the statute of limitations is not tolled. Since January 1, 2026 a withdrawn claim must be refiled within three years or it is barred.
Throneberry Law Group files Congoleum claims for flooring installers, carpenters, remodelers, and plant workers, and for the homeowners and family members who cut, sanded, or tore out Congoleum sheet flooring and tile, across the country. This page is part of our asbestos trust funds guide, which covers every trust we file against. Our Congoleum company page covers the company's history, and our page on asbestos in vinyl flooring explains how the backing and tile released fiber.
PAYMENT REFERENCE
The table below is the short answer. The sections that follow explain each line.
| Current payment percentage | 8.67% of the liquidated value for Disease Levels II through VIII. Other Asbestos Disease (Level I) is paid a small flat cash discount payment. |
|---|---|
| In effect since | October 12, 2023 (Notice Regarding Payment Percentage dated October 12, 2023, with the consent of the Trust Advisory Committee and the Futures Representative). Claims liquidated before the change whose releases came back in time were paid at the prior 12.5% "Released Claims Payment Percentage." |
| Prior rates | 12.5% before October 12, 2023 (the Released Claims Payment Percentage in the trust's notice). The trust has posted no notice stating the initial payment percentage or dating the steps before 12.5%, and this page does not guess at them. |
| Review cycle | The trustee reviews the payment percentage and may change it, with the consent of the TAC and the Futures Representative, to reflect current estimates of the trust's assets and liabilities. When a cut is proposed, claims are paid at the lower proposed rate until the decision is made, and claimants who return a release before the proposal date or within 30 days of receiving it keep the prior rate (Released Claims). |
| Inflation adjustment | Beginning January 1, 2013 the trust adjusted its values by a fixed 2.5% a year. Beginning January 1, 2024 the trustee adjusts them each year by the Consumer Price Index for All Urban Consumers (CPI-U), capped at 3% a year (TDP Section 6.2(b)(3), as restated in the Tenth Amendment effective December 8, 2023). Since January 1, 2016 the yearly increase is pro-rated by the day the claim is paid, so a claim paid in December gets the full year's increase and a claim paid in January gets almost none. The latest values the trust has posted are the Notice of TDP Values as of January 1, 2019. |
| Mesothelioma scheduled value | $132,103 scheduled; $139,800 Individual Review average; $792,618 Individual Review maximum (values as of January 1, 2019, the latest the trust has posted). The TDP's base figures, before any adjustment, were $120,000 / $150,000 / $720,000; the Tenth Amendment reset the Individual Review average for Levels IV through VIII as of January 1, 2019 to the figures used here. |
| Mesothelioma payout at the current rate | Expedited Review: about $11,453 ($132,103 x 8.67%) at the 2019 value; the actual offer is higher by the inflation adjustments since then. Individual Review awards are paid at 8.67% of the liquidated value, up to the maximum (about $68,720 at the $792,618 cap). |
| Review options | Expedited Review pays the scheduled value times 8.67% once the claim meets the medical and exposure criteria (Section 6.2(a)). Individual Review values the claim on the law of the claimant's jurisdiction and the trust's factors, up to the maximum (Section 6.2(b)). Lung Cancer 2 (Level VI) and Other Asbestos Disease (Level I) have no Expedited Review value beyond the cash discount payment. Effective November 16, 2026, under the Twelfth Amendment, claims based on secondary (take-home) exposure must go through Individual Review (Section 6.4). |
| Extraordinary Claims | Disease Levels II through VIII. A claimant whose exposure occurred primarily at a Congoleum manufacturing facility, or was at least 75% the result of exposure to a Congoleum Product, with little likelihood of a substantial recovery elsewhere, can be awarded up to five times the scheduled value (six times the average value for Level VI), times 8.67% (Section 6.3(a)). For mesothelioma that is up to $660,515 at the 2019 value, about $57,267 at 8.67%. Extraordinary Claims go through Individual Review and a special panel decides disputes. |
| Exposure requirement | Congoleum Exposure: meaningful and credible exposure before December 31, 1982 to asbestos or asbestos products in a Congoleum facility, or to asbestos products supplied, specified, manufactured, produced, distributed, installed, maintained, or repaired by Congoleum or an entity it is legally responsible for (Section 6.6(b)(3)). Mesothelioma needs Congoleum Exposure only. Lung Cancer 1, Other Cancer, Severe Asbestosis, and Level III need six months of Congoleum Exposure before December 31, 1982 plus Significant Occupational Exposure (five cumulative years in an asbestos trade, at least two before December 31, 1982). Level II needs six months of Congoleum Exposure plus five years of occupational asbestos exposure. Proof may be an affidavit of the claimant, a co-worker, or (for a deceased claimant) a family member, invoices, employment or construction records, or other credible evidence. |
| Filing deadline | Anyone first diagnosed after December 31, 2003 (the petition date) may file within three years after diagnosis or by January 12, 2015 (three years after the January 11, 2012 Initial Claims Filing Date), whichever is later, regardless of any state statute of limitations (Section 6.1(a)(3); trust Filing Deadlines notice). Claims diagnosed before December 31, 2003 were treated as timely only if they were pending, tolled, or still within the statute of limitations on the petition date and were filed by January 12, 2015. |
| Fees and withdrawal rules | $50 Claim Filing Fee on every claim filed on or after January 1, 2024, including refiled claims (Notice dated December 28, 2023). If the fee is not paid within 60 days of filing, the claim is not considered filed and the statute of limitations is not tolled. A claimant who does not accept, reject, or start arbitration within six months of an offer is deemed to have withdrawn the claim. Under the Eleventh Amendment (effective January 1, 2026), a claim withdrawn before January 1, 2026 must be refiled by January 1, 2029, a claim withdrawn later must be refiled within three years of withdrawal, the trustee may grant one six-month extension, and a claim not refiled in time is barred. |
| Claims processor | Verus Claims Services, LLC, 3967 Princeton Pike, Princeton, New Jersey 08540, through the Verus electronic filing system (Law Firm Registration Form and Electronic Filer Agreement required). The trustee is Hon. Mary Anne Mason (Ret.). |
| Trust created | Under the Fourth Amended Joint Plan of Reorganization of Congoleum Corporation and its affiliates, dated March 11, 2010 (as modified), in the United States District Court for the District of New Jersey (Case No. 3:09-cv-04371-JAP). Congoleum filed its Chapter 11 petition on December 31, 2003. The plan's Effective Date was July 1, 2010, the First Amended TDP took effect July 7, 2011, and the Initial Claims Filing Date was January 11, 2012. The TDP has been amended twelve times, most recently by the Eleventh Amendment (effective January 1, 2026) and the Twelfth Amendment (effective November 16, 2026). |
| Last checked | October 18, 2026, against congoleumtrust.com (home, Resources, Notices, and Contact Us pages), the First Amended Congoleum Plan Trust Distribution Procedures (effective July 7, 2011), the Tenth Amendment (effective December 8, 2023), the Notice Regarding Payment Percentage dated October 12, 2023, the Notice Regarding Claim Filing Fee dated December 28, 2023, the Notice of Eleventh Amendment dated November 1, 2025, the Notice of Twelfth Amendment dated June 10, 2026, the Notice of TDP Values as of January 1, 2019, the Filing Deadlines notice, and the trust's 2025 annual report filed April 22, 2026. |
SCHEDULE OF DISEASES
The trust sorts asbestos diseases into eight levels. Lung Cancer 2 (Level VI) has no scheduled value and goes through Individual Review only. The values below are the trust's Notice of TDP Values as of January 1, 2019, the latest table the trust has posted. The trust raises every value each year under Section 6.2(b)(3) of the TDP (CPI-U, capped at 3%, since 2024), so the figure in today's offer is higher than the 2019 number shown.
| Level | Disease | Scheduled Value (2019) | Payout at 8.67% | IR Average | IR Maximum |
|---|---|---|---|---|---|
| VIII | Mesothelioma | $132,103 | About $11,453 | $139,800 | $792,618 |
| VII | Lung Cancer 1 | $44,034 | About $3,818 | $45,400 | $264,206 |
| VI | Lung Cancer 2 | None (Individual Review only) | Individually valued | $12,300 | $26,421 |
| V | Other Cancer | $13,210 | About $1,145 | $15,000 | $44,034 |
| IV | Severe Asbestosis | $33,026 | About $2,863 | $37,000 | $66,051 |
| III | Asbestosis / Pleural Disease | $3,963 | About $344 | $3,963 | $3,963 |
| II | Asbestosis / Pleural Disease | $1,321 | About $115 | $1,321 | $1,321 |
| I | Other Asbestos Disease (cash discount payment) | $55 | Flat payment | None | None |
The payout column is the 2019 scheduled value times 8.67%, rounded. The TDP's original base values were $120,000 for mesothelioma, $40,000 for Lung Cancer 1, $12,000 for Other Cancer, $30,000 for Severe Asbestosis, $3,600 for Level III, and $1,200 for Level II; the 2019 figures reflect the 2.5% yearly adjustments from 2013 through 2019. For mesothelioma the Individual Review average is only about 6% above the scheduled value, so Individual Review is worth the extra proof mainly when the claimant's exposure history or jurisdiction supports a value well above average, or when the Extraordinary Claim track is in reach.
FILING REQUIREMENTS
The trust checks three things on every claim: the disease, the exposure, and the timing. Since 2024 it also checks that the $50 fee arrived.
The claimant must show meaningful and credible exposure, before December 31, 1982, to asbestos or asbestos products in a Congoleum facility, or to asbestos products supplied, specified, manufactured, produced, distributed, installed, maintained, or repaired by Congoleum or any entity Congoleum is legally responsible for (TDP Section 6.6(b)(3)). The trust accepts a sworn statement of the injured person or a co-worker, a sworn statement of a family member when the claimant has died, invoices, employment or construction records, or other credible evidence, and it can ask for more. Mesothelioma needs Congoleum Exposure only. Lung Cancer 1, Other Cancer, Severe Asbestosis, and Level III also need six months of Congoleum Exposure before December 31, 1982 and Significant Occupational Exposure, which means at least five cumulative years, two of them before December 31, 1982, in an industry and occupation that handled raw asbestos, fabricated asbestos products, worked with asbestos products, or worked regularly alongside those who did (Section 6.6(b)(2)). Level II needs six months of Congoleum Exposure plus five years of occupational asbestos exposure. A claimant who cannot meet the presumptive exposure rules for a level can still seek Individual Review on exposure to a Congoleum product or in a Congoleum facility. Starting November 16, 2026, take-home (secondary) exposure claims must go through Individual Review.
Every diagnosis must come with either a physician's statement that at least ten years passed between first asbestos exposure and diagnosis, or an exposure history that shows a ten-year latency. A finding that a disease is merely "consistent with" or "compatible with" asbestosis is not a diagnosis. A mesothelioma claim needs a diagnosis of mesothelioma. Lung Cancer 1 and Other Cancer need the cancer diagnosis plus evidence of an underlying Bilateral Asbestos-Related Nonmalignant Disease, and Other Cancer (colorectal, laryngeal, esophageal, pharyngeal, or stomach) also needs medical documentation that asbestos exposure contributed to it. The National Cancer Institute explains what mesothelioma is and how it is diagnosed.
Anyone first diagnosed after December 31, 2003 may file within three years after diagnosis, regardless of the state statute of limitations (Section 6.1(a)(3)). The alternative deadline, three years after the January 11, 2012 Initial Claims Filing Date, ran out on January 12, 2015, so for a diagnosis today the deadline is three years from the diagnosis date. Claims diagnosed before December 31, 2003 had to be filed by January 12, 2015 if they were pending against Congoleum, tolled, or still within the statute of limitations on the petition date. The trust's fee notice says a claim is not considered filed, and the statute of limitations is not tolled, until the $50 fee is paid within 60 days, so we send the fee with the claim. After filing, an offer not accepted, rejected, or sent to arbitration within six months is deemed withdrawn, and since January 1, 2026 a withdrawn claim has three years to be refiled, with a new $50 fee.
Expedited Review pays the scheduled value times 8.67% once the claim meets the criteria, about $11,453 for mesothelioma at the 2019 value and somewhat more after the inflation adjustments since. Individual Review values the claim on the law of the claimant's jurisdiction and the trust's factors, up to $792,618 for mesothelioma, with the average set at $139,800 (about $12,121 at 8.67%). An Extraordinary Claim, for a worker exposed primarily at a Congoleum manufacturing plant or whose exposure was at least 75% Congoleum product, can reach five times the scheduled value, about $57,267 for mesothelioma at 8.67% (Section 6.3(a)). A claimant who rejects the trust's offer can go to arbitration under the trust's Alternative Dispute Resolution Procedures and, after non-binding arbitration, to the tort system.
RATE HISTORY
The trust's Notice Regarding Payment Percentage dated October 12, 2023 records that the rate was 12.5% before the trustee, with the consent of the Trust Advisory Committee and the Futures Representative, set it at 8.67% effective October 12, 2023. Claims liquidated before the change whose releases were returned before the proposal date, or within 30 days of receipt, were paid at the 12.5% Released Claims Payment Percentage. The trust has posted no notice stating the initial payment percentage set after the trust opened in 2011 or dating any step before 12.5%, and this page does not guess at them.
Two months after the rate cut the trustee adopted the Tenth Amendment (effective December 8, 2023), which moved the yearly inflation adjustment from a fixed 2.5% to the CPI-U capped at 3% starting in 2024, and announced the $50 filing fee for claims filed on or after January 1, 2024. The Eleventh Amendment (effective January 1, 2026) added the three-year refiling bar for withdrawn claims, and the Twelfth Amendment (effective November 16, 2026) sends secondary exposure claims to Individual Review. In 2025 the trust paid 971 claims totaling $8,749,043 after the payment percentage, received 3,978 new claims, and confirmed that 8.67% was the rate for the whole year (2025 annual report). The trust also reports that it has not applied its Claims Payment Ratio from 2017 through 2025 under the Seventh Amendment, so no category of claims has been held back for lack of ratio room.
PRODUCTS AND WORK SITES
The trust's procedures define covered exposure by company and by facility: asbestos or asbestos products in a Congoleum facility, or asbestos products supplied, specified, manufactured, produced, distributed, installed, maintained, or repaired by Congoleum or an entity it is legally responsible for (TDP Section 6.6(b)(3)). The trust publishes no product list and no site list. Proof for the trust comes from two directions.
The firm sees Congoleum exposure among flooring installers, carpenters, and remodelers in the construction trades, and among the homeowners who laid or ripped out sheet vinyl and tile themselves. The same flooring history usually supports claims against the other flooring and building-material trusts, and the same drywall and patching work on those jobs often supports Bondex, USG, and National Gypsum claims. Our page on asbestos in vinyl flooring explains how the felt backing and tile released fiber when they were cut, sanded, or scraped up, and our Congoleum company page covers the company's history.
QUESTIONS
As of October 18, 2026, the Congoleum Plan Trust pays 8.67% of a claim's liquidated value. The trustee set the rate at 8.67% effective October 12, 2023, down from 12.5%, with the consent of the Trust Advisory Committee and the Futures Representative, and the trust's 2025 annual report confirms 8.67% was the rate for all of 2025.
The latest mesothelioma scheduled value the trust has posted is $132,103 (as of January 1, 2019), which pays about $11,453 at 8.67% under Expedited Review; the trust adjusts its values for inflation each year, so today's offer is somewhat higher. Individual Review averages $139,800 (about $12,121) with a $792,618 maximum (about $68,720). A claimant whose exposure was primarily at a Congoleum plant or at least 75% Congoleum product can qualify as an Extraordinary Claim worth up to five times the scheduled value, about $57,267 at 8.67%.
Usually not for a recent diagnosis. Anyone first diagnosed after December 31, 2003 may file within three years after diagnosis regardless of the state statute of limitations. The trust's alternative deadline of January 12, 2015 has passed, so claims diagnosed before December 31, 2003 and not filed by then are late. A claim is not treated as filed until its $50 fee is paid within 60 days, and since January 1, 2026 a withdrawn claim must be refiled within three years.
WHY THRONEBERRY LAW GROUP
Congoleum pays under nine cents on the dollar and charges $50 to find out, so the claim only makes sense when it is built once and filed cleanly. We file Congoleum because a flooring installer's or remodeler's history usually supports several trusts at the same time, because the trust accepts a family member's affidavit for a deceased claimant, and because the mesothelioma scheduled value needs no occupational exposure showing. We confirm the diagnosis date against the three-year rule, send the fee with the claim so the statute of limitations is tolled, and elect Individual Review only where the facts earn it. 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 Congoleum Plan Trust website (congoleumtrust.com): the home, Resources, Notices, and Contact Us pages; the First Amended Congoleum Plan Trust Distribution Procedures (effective July 7, 2011); the Tenth Amendment to the TDP (effective December 8, 2023); the Notice Regarding Payment Percentage dated October 12, 2023; the Notice Regarding Claim Filing Fee dated December 28, 2023; the Notice of Eleventh Amendment dated November 1, 2025; the Notice of Twelfth Amendment dated June 10, 2026; the Notice of TDP Values as of January 1, 2019; the Filing Deadlines notice; and the trust's Annual Report for 2025 filed April 22, 2026 (Case No. 3:09-cv-04371-JAP, D.N.J.). Last checked October 18, 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.
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If you or a family member installed, cut, sanded, or tore out Congoleum flooring before 1983, or worked in a Congoleum plant, the Congoleum asbestos trust may owe a payment, and the same history often supports claims against the other flooring and building-material trusts. We check the current rate, the exposure rules, the fee, 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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