If you or a loved one has been diagnosed with an asbestos-related illness, such as mesothelioma, lung cancer, or asbestosis, it’s important to know that you may be eligible for compensation through an asbestos trust. Many companies, including Kaiser Aluminum, established asbestos trusts to provide financial compensation to individuals who were exposed to asbestos through their products and later developed serious health conditions.
The Kaiser Aluminum and Chemical Corporation
Kaiser Aluminum and Chemical Corporation was founded in 1946 by industrialist Henry J. Kaiser, a pioneer in industries ranging from shipbuilding to healthcare. The company became one of the largest aluminum producers in the United States and played a significant role in supplying materials for military and civilian purposes, particularly after World War II.
During the mid-20th century, aluminum became increasingly important for construction, transportation, and various manufacturing industries, and Kaiser Aluminum quickly rose as a leader in the production and distribution of aluminum products. The company supplied raw materials for sectors such as aviation, automotive, and defense, and grew to include facilities across the U.S. and globally. Kaiser Aluminum was especially known for its innovations in aluminum technology, including light-weighting materials used in aircraft and automobiles.
Why Was Asbestos Used by Kaiser?
Like many industrial companies during the 20th century, Kaiser Aluminum used asbestos in its manufacturing processes, mainly due to its heat-resistant and insulating properties. Asbestos was prevalent in the construction of industrial facilities, foundries, refineries, and equipment like furnaces, boilers, and piping systems. Its use was widespread in the production of materials that needed to resist high temperatures and corrosion.
In the aluminum industry, asbestos was often used to:
- Insulate machinery that operated at high temperatures, such as kilns and ovens.
- Protect workers from heat in certain processes where molten aluminum was involved.
- Be included in products like cement and brake linings, which were used in Kaiser’s various operations.
Health Risks of Asbestos
Although asbestos was valued for its utility, it was later discovered that prolonged exposure to asbestos fibers could lead to serious health issues, including:
- Asbestosis (lung scarring)
- Lung cancer
- Mesothelioma, a rare and aggressive form of cancer that affects the lining of the lungs, abdomen, or heart
These diseases often developed years or even decades after exposure. Asbestos fibers are microscopic and, when inhaled, can embed in the lungs and other tissues, causing inflammation, scarring, and, eventually, cancerous changes.
Despite the emerging evidence of asbestos’ dangers in the mid-20th century, companies like Kaiser Aluminum continued using asbestos materials until government regulations in the 1970s led to the gradual phase-out of asbestos in the U.S. By that time, millions of workers had been exposed, leading to a surge in lawsuits and health claims.
Asbestos Lawsuits Against Kaiser
As asbestos-related health issues came to light, companies like Kaiser Aluminum faced massive litigation from former employees and others exposed to asbestos in their products and facilities. These legal claims culminated in Kaiser Aluminum’s bankruptcy filing in 2002, largely due to the overwhelming number of asbestos lawsuits.
What is the Kaiser Asbestos Trust?
As part of the bankruptcy reorganization process, the Kaiser Asbestos Personal Injury Trust was created in 2006 to handle current and future asbestos-related claims. This trust is funded by Kaiser Aluminum’s assets and is administered separately from the company’s ongoing business operations. The purpose is to compensate victims while allowing the reorganized company to continue its operations.
The Kaiser Asbestos Trust operates under the guidelines set by the Federal Bankruptcy Code, Section 524(g), which allows companies to channel asbestos-related liabilities into a trust to ensure that claimants are compensated. The trust reviews and processes claims submitted by individuals suffering from asbestos-related diseases, and compensation is awarded based on predetermined criteria such as the severity of the illness and the individual’s exposure history.
Who Can Make a Claim?
Claims can be made to the Kaiser Asbestos Trust by individuals or their families who were exposed to asbestos-containing products manufactured or distributed by Kaiser Aluminum and have since developed asbestos-related diseases. The trust was established to provide compensation to those harmed by asbestos exposure, whether directly or indirectly.
To successfully file a claim with the Kaiser Asbestos Trust, the following criteria must be met:
- Proof of Diagnosis: The claimant must submit medical records or a doctor’s report that confirms the diagnosis of an asbestos-related disease.
- Proof of Exposure: The claimant must demonstrate that they were exposed to asbestos from Kaiser’s products. This may involve providing employment records, witness testimony, or other documentation linking the claimant to exposure.
- Timeliness: Claims must be filed within the statute of limitations, which varies depending on the state where the claim is made and when the disease was diagnosed.
How Does the Kaiser Asbestos Trust Work?
Claimants who believe they were exposed to asbestos through products or facilities related to Kaiser Aluminum must submit evidence supporting their case, including medical records and proof of asbestos exposure. The trust evaluates these claims and determines the amount of compensation based on standardized procedures. This often involves a tiered structure, with different compensation levels for various types of illnesses (e.g., mesothelioma typically receiving the highest compensation).
The trust is designed to be long-lasting, as asbestos-related diseases often have long latency periods, meaning that new claims can arise decades after the initial exposure. The trust’s funds are managed with this in mind, and they are allocated carefully to ensure that there are resources available for future claimants.
Payment Percentages and Additional Considerations
A payment percentage is the portion of the full value of an approved claim that a trust, like an asbestos personal injury settlement trust, pays to claimants. Since these trusts often don’t have enough funds to pay the full value of every claim, they calculate a payment percentage to ensure there is enough money for both current and future claimants. For example, if the payment percentage is set at 15.5%, a claimant approved for $100,000 would receive $15,500. The percentage may be adjusted over time based on the trust’s financial situation.
According to the Kaiser Aluminum & Chemical Corporation Asbestos Personal Injury Settlement Trust rules, the trustees have reviewed and lowered the payment percentage from 18.1% to 15.5%, effective August 15, 2023.
The Trust has also decided that medical reports from certain doctors and screening companies do not meet the required standards. As a result, the Trust will no longer process claims that rely on reports from the following doctors and companies until further notice:
Doctors:
- Dr. James Ballard
- Dr. Kevin Cooper
- Dr. Todd Coulter
- Dr. Andrew Harron
- Dr. Ray Harron
- Dr. Glynn Hilburn
- Dr. Barry Levy
- Dr. George Martindale
- Dr. Gregory Nayden
- Dr. W. Allen Oaks
Screening Companies:
- Netherland & Mason, Inc.
- Respiratory Testing Services, Inc.
- Occupational Diagnostics.
Seeking Legal Assistance
A lawyer will help ensure that the medical reports and documentation you submit are accepted by the trust, avoiding delays or rejection of your claim. If your claim is denied or the compensation amount is lower than expected, your attorney can help appeal the decision or request a review.
An experienced asbestos attorney can significantly improve your chances of a successful claim with the Kaiser Asbestos Trust, helping you navigate the complexities of the legal and medical evidence required.
Reach Out For Your Free Consultation Today
If you or a loved one has been diagnosed with an asbestos-related illness due to exposure to Kaiser products, you may qualify for compensation through the Kaiser Asbestos Trust. Don’t miss your opportunity to file a claim and seek justice. At Bailey Glasser, our skilled attorneys are ready to guide you through the process and help you obtain the compensation you deserve.
Call (866) 871-7971 today or fill out our online form for a free consultation. Let us fight for your rights and the compensation you’re owed.
