Fact checked and legally reviewed by Daniel Wasserberg • Contributor & Legal Advisor

Updated

The ABB Lummus Global Inc. Asbestos Personal Injury Trust was launched in 2007 with $33 million. The Lummus trust incorporates two types of claims — Lummus Feedwater Heater Claims and Lummus Design and Construction Claims (also known as Lummus Non-Feedwater Heater Claims).

According to the company’s 2023 annual report, the trust overall received 4,677 claims in the fiscal year. Of those, the trust paid paid out $98,505 after applying the payment percentage.

As of December 31st, 2023, the trust had $15.3 million in net assets available for claims.

Key Information

  • In 2023, the trust received 4,677 claims and paid $98,505 after applying the payment percentage
  • As of Dec. 31, 2023, there were 1,928 claims remaining in the first-in, first-out (FIFO) payment queue
  • The trust has paid more than $17 million since its 2007 inception
  • ABB Lummus made electrical and industrial products and used asbestos in valves, gaskets, generators, insulation and other equipment

ABB Lummus Global & Asbestos Exposure

During much of the 20th century, Lummus used asbestos for its heat and fire resistance, added strength and insulating properties. By 2002, Lummus was crippled by mounting asbestos claims. 

In 2005, Lummus and a U.S. subsidiary, Combustion Engineering, faced more than 135,000 lawsuits.  Combustion Engineering paid more than $1 billion to settle more than 440,000 claims.

Some of Lummus’s engineering and construction ventures include petrochemical processing and refining. The Lummus trust compensates individuals who worked with and near asbestos-containing products at the company. 

Fact

When ABB Lummus filed for Chapter 11 bankruptcy in 2006, the courts mandated the company establish a $30 million asbestos trust. This fund is crucial for individuals and family members seeking justice and compensation for their exposure to asbestos.

Associated Companies

ABB Lummus Global did not directly manufacture asbestos-containing products. Instead, Lummus utilized asbestos materials when building industrial factories, refineries and plants. 

Many of the ABB Lummus asbestos lawsuits resulted from workers being exposed during the construction of these facilities.

Companies Associated With A.B.B. Lummis Global Inc.

  • General Swedish Electrical Limited Company (ASEA)
  • Brown, Boveri & CI (BBC)
  • ABB Global Engineering
  • ABB Lummus Crest
  • Lummus Global

Exposed to Asbestos

See if you qualify for compensation from the A.B.B. Lummus Global Inc. Asbestos Trusttrust fund today.

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High-Risk Jobs Associated with A.B.B. Lummus Global Inc.

Asbestos was widely used in Lummus refineries, factories and industrial plants. Laborers, tradespeople and contractors who helped build the facilities and later worked in them came into direct contact with asbestos.

Fact

ABB Lummus asbestos exposure didn’t just occur during the initial construction of its facilities. Workers were exposed every day, including during renovations, maintenance activities and equipment upgrades.

Source: US Bankruptcy Court

Jobs at Highest Risk for Asbestos Exposure

Given ABB Lummus’s extensive use of asbestos over decades — from the initial construction of its facilities to the routine operations conducted within them — the scope of jobs affected by the prolonged exposure is broad and varied.  

The people who worked in the jobs most at risk for asbestos exposure face a lifetime of heightened health concerns. 

Individuals were typically exposed to asbestos in one of two ways:

Feedwater Heater Claims: Workers were exposed to asbestos during the installation, maintenance, repair and inspection of feedwater heaters. Additionally, leaks or failures in the feedwater heater systems led to release of steam or chemicals that may have included asbestos particles. 

Lummus Design and Construction Claims (Non-Feedwater Heater Claims): Workers involved in design, construction, manufacturing, installation and operations at Lummus facilities were exposed to asbestos. 

Some of the jobs at highest risk for Lummus asbestos exposure include:

Construction Workers
While helping build Lummus facilities, workers were unknowingly exposed to asbestos fibers because their jobs included handling materials that contained the fibers, such as insulation and roofing materials.
Maintenance Personnel
While working at the facilities, asbestos-exposed employees replaced insulation, repaired equipment and carried out renovations.
Industrial Laborers (factory workers)
As employees who performed the day-to-day operations within Lummus facilities, factory workers operated machinery that put them in constant contact with asbestos particles.

Some of the other ABB Lummus occupations that faced asbestos exposure include:

  • Assembly line workers
  • Boiler operators
  • Electricians
  • Engineers
  • Forklift operators
  • HVAC technicians
  • Insulators
  • Machinists
  • Materials handlers
  • Packagers
  • Painters
  • Pipefitters and plumbers
  • Production supervisors
  • Quality control inspectors
  • Safety inspectors
  • Security personnel
  • Sheet metal workers
  • Warehouse managers
  • Welders

Asbestos Products Used at A.B.B. Lummus Global Inc.

ABB Lummus used asbestos and asbestos-containing material in all of its facilities, including its power plants, chemical processing centers and gas, oil and petrochemical hydro processing centers, despite the known dangers.

The company approved its use across-the-board in pipes, equipment, fireproofing and construction materials where heat- and fire-proofing were needed.

Top Asbestos-Containing Products Used at A.B.B. Lummus

  • AC cables
  • Cleaning agents and solvents
  • Compressors
  • Electrical systems
  • Feedwater heaters
  • Gas-insulated switchgears
  • Gaskets
  • Generators
  • Heavy machinery
  • High-capacity transformers
  • Personal protection gear
  • Sealants and adhesives
  • Steam turbines
  • Valves
  • Wiring insulation

The Formation of A.B.B. Lummus Global Inc. Asbestos PI Trust

ABB Lummus faced numerous lawsuits over its use of asbestos long before filing for bankruptcy. The company, like others, knew about the dangers of asbestos but concealed, denied and ignored the scientific data to put profits ahead of its employees. 

Asbestos diseases have a prolonged latency period of 20 years or more so individuals exposed in the 1980s could be facing symptoms today. The lawsuits against ABB began piling up in 2000 with many victims exposed during construction of the facilities.

Settlement and Payment Percentage in 2024

When the ABB Lummus trust opened, the payment percentage was 100%. Effective Jan. 1, 2024, the payment percentage was reduced to 9.5% to ensure the trust has enough funding to pay all of the claimants.

Fact

All Lummus claims are paid via a first-in, first-out (FIFO) queue. This makes it important to move as quickly as possible to ensure you get the compensation deserved from exposure to asbestos while on the job.

Source: ABB Lummus Global Inc. 524(g) Asbestos PI Trust

The Lummus trust has two categories of claims:

  1. Lummus Feedwater Heater Claims  
  2. Lummus Design and Construction Claims (also known as Lummus Non-Feedwater Heater Claims)

The categories have different payment schedules.

Payment Type Number 1: Lummus Feedwater Heater Claims

Mesothelioma claims for Lummus Feedwater Heater trust requires the victim to have documented proof of the disease, including medical records, and a connection to Lummus feedwater heaters.

DiseaseScheduled ValueAverage ValueMaximum Value
Mesothelioma (Level VIII)$1,000$6,000$25,000
Lung Cancer 1 (Level VII)$1,000$2,000$8,000
Lung Cancer 2 (Level V)Must undergo individual review$1,000$4,000
Other Cancer (Level V)$550$700$1,000
Severe Asbestosis (Level IV)$1,000$2,000$8,000
Asbestosis/Pleural Disease (Level III)$400Scheduled valueScheduled value
Asbestosis/Pleural Disease (Level II)$200Scheduled valueScheduled value
Asbestosis/Pleural Disease (Level I)$100Scheduled valueScheduled value

Payment Type Number 2: Lummus Non-Feedwater Heater Claims

Mesothelioma claims for Lummus Non-Feedwater Claims include individuals exposed to asbestos during the design and construction of Lummus facilities.

DiseaseScheduled ValueAverage ValueMaximum Value
Mesothelioma Level (VIII)$25,000$60,000$400,000
Lung Cancer 1 (Level VII)$7,500$12,500$75,000
Lung Cancer 2 (Level VI)Must undergo individual review$5,000$30,000
Other Cancer (Level V)$2,500$5,000$15,000
Severe Asbestosis (Level IV)$7,500$12,500$75,000
Asbestosis/Pleural Disease (Level III)$3,000Scheduled value
Scheduled value
Asbestosis/Pleural Disease (Level II)$2,000
Scheduled value

Scheduled value
Asbestosis/Pleural Disease (Level I)$200
Scheduled value

Scheduled value

Understanding The Four Review Processes

The trust pays claims based on several different review processes:

Expedited Review

The expedited review provides fast access to funds for claims that can be easily verified and meet the trust’s medical and exposure criteria.

Trustees have 90 days to conduct an expedited review and finalize a decision.

Most claims are filed as expedited reviews so claimants can get much-needed funds. Of the 4,677 claims filed in 2023, 3,361 were submitted as an expedited review. 

An expedited review has the following advantages:

  • An expedited review is a fast-track process for those who need immediate financial assistance for medical expenses, household bills or other financial obligations.
  • The simplified approach requires less documentation than other types of claims reviews, reducing the stress that comes with a prolonged review.
  • The fixed compensation amounts lead to predictable outcomes and allows for peace of mind.

SUMMARY

The expedited review process is the most common review process that individuals file under. This review process is best suited for individuals looking for financial assistance as soon as possible, to pay for medical expenses, household bills or financial obligations.

Individual Review

An individual review allows claimants who do not meet all medical and exposure criteria an opportunity for a personalized evaluation.  Trustees consider all of the pertinent information for the claim to make a final determination regarding payment. 

Also, claimants with more severe diseases can seek an individual review for a higher settlement amount.

For an individual review, the trustees evaluate the following information:

  • Claimant’s age
  • Employment status
  • Level of disability 
  • Level of household disruption
  • Dependencies
  • Family or recreational activities
  • Special damages
  • Pain and suffering

Trustees have 180 days to settle an individual review.

Of the 4,677 claims filed in 2023, 1,316 were submitted as individual reviews.

An individual review has the following advantages:

  • An individual review provides a detailed assessment of the claimant’s exposure history, medical diagnosis and personal circumstances so all factors are considered when determining compensation.
  • Claimants may receive higher compensation than under an expedited review because the trust takes other factors, such as pain and suffering, into account. 
  • If the trust makes a low compensation offer, the claimant may make counteroffers.

SUMMARY

An individual review is best suited for individuals who do not meet all medical and exposure criteria. This review process allows individuals an opportunity to have a personalized evaluation to determine your eligibility.

Extraordinary Claim

Claimants who can prove that a more serious asbestos-related illness (severe asbestosis, lung cancer and mesothelioma) was explicitly the result of Lummus exposure are entitled to five times the maximum value established for the disease level. 

The trust only reviews disease levels IV to VIII (severe asbestosis, lung cancer and mesothelioma) as extraordinary claims. Other disease levels submitted as an extraordinary claim are considered as an individual review. Longtime Lummus employees are among those who are most eligible for an extraordinary claim.

Trustees have 180 days to review an extraordinary claim and provide a settlement offer.

Advantages of filing an extraordinary claim include the following:

  • An extraordinary claim review is reserved for individuals with life-threatening illnesses.
  • For an extraordinary claim to be successful, the individual must prove the exposure was at least 75% due to ABB Lummus Global Inc.
  • Once an extraordinary claim is verified, the compensation amounts are substantially higher than other claims.

SUMMARY

The extraordinary claim review process is a great option for individuals looking to prove more serious illnesses such as severe asbestosis, lung cancer and mesothelioma. While the average payout time takes longer, if proved, one can expect higher payout amount when choosing this claim review process.

Exigent Hardship Claim

Claimants with severe asbestos-related diseases and are in immediate financial need as a result of the asbestos-related disease can file for an exigent hardship claim. Through this, claimants bypass the FIFO process. 

Trustees have 90 days to finalize an exigent hardship claim review.

Some benefits to filing an exigent hardship claims include the following: 

  • Exigent claims provide the fastest access to funding for individuals with an urgent need for medical care and assistance with living expenses.
  • The claims process is only available for those with the most dire conditions (severe asbestosis, lung cancer and mesothelioma).
  • Claimants bypass the FIFO process and are moved to the front of the queue. 

The trust also established a maximum annual payment or a maximum amount the trust would payout overall each year. In 2007,  the first year of the trust, the maximum annual payment was $5 million.

Every year since then, the maximum annual payment has decreased. In 2023, the yearly maximum payment was $1,512,367.

SUMMARY

This claim process is the fastest option for those seeking immediate financial need. Claimants bypass the FIFO process. Claimants can typically see funds distributed within 90 days of review.

Claim Categorization by Disease Severity

The trust also categorizes claims by the severity of the disease:

Category A

Category A claims refer to claims involving severe asbestosis and malignancies (Disease Levels IV through VIII) as well as allocated Disease Level I claims.

As of Dec. 31, 2023, a total of 437 liquidated Category A claims remained in the FIFO payment queue.

Category A claims data for 2023:

Category A Claim Data – 2023Number
Claims received 2,754
Claims paid 55
Claims submitted for expedited review1,510
Claims paid pursuant to expedited review27
Claims submitted for individual review124
Claims paid pursuant to individual review28

Category B

Category B claims involve nonmalignant asbestosis or pleural disease (Disease Level II and III) and Disease Level I allocated to Category B.

As of Dec. 31, 2023, a total of 1,491 liquidated Category B claims remained in the FIFO payment queue.

Category B claims data for 2023:

Category B Claim Data – 2023Number
Claims received1,923
Claims paid 102
Claims submitted for expedited review1,851
Claims paid pursuant to expedited review100
Claims submitted for individual review72
Claims paid pursuant to individual review2

In total, 157 claims were paid in 2023. Since the trust started, it has not approved 81,135 claims including rejected, withdrawn or deferred claims.

Eligibility Requirements for the A.B.B. Lummus Global Inc. Asbestos Trust

Lummus claims must meet medical and exposure requirements, as follows:

Medical Requirements

A Lummus trust claim must include a physician’s statement that establishes a 10-year latency period between the date of the claimant’s initial exposure to Lummus asbestos and the diagnosis. 

Latency is defined as the delayed period between the time the individual was exposed to asbestos and the onset of the disease symptoms.

Fact

Most states limit the time for asbestos-disease claims to 2 to 3 years after a diagnosis. Waiting to file a claim can be risky. Contact our experts today to learn about your options and protect your rights.

In addition, the claimant must provide the following:

Disease Levels I to IV

A full physical exam with a diagnosis of the asbestos-related disease via an X-ray reading or CT scan and a pulmonary function test.

Disease Levels V to VIII

A diagnosis of a malignant disease level by a board-certified pathologist. The trust may also require laboratory tests, tissue samples, medical exam results and other medical evidence.

Exposure Requirements

Claimants must prove they were exposed to Lummus asbestos products for at least six months (before Dec. 31, 1982) plus five years of cumulative occupational exposure to qualify for an expedited review,

Claims involving Level III, IV, V and VII must also prove significant occupational exposure, which includes handling or exposure to raw asbestos fibers.

Claimants must include information such as affidavits, employment records, invoices, a verified list of employers or worksites, a verified work history, answers to legal questions (called interrogatories) and deposition transcripts to verify exposure.

Fact

We have seen how stressful it is for individuals filing an asbestos claim without help — collecting all of the documents, gathering evidence, filling out the forms — all while under the enormous pressure of a frightening medical condition. Don’t do this without help. We will work with you to maximize your compensation.

Filing a Personal Injury Claim Against A.B.B. Lummus Global Inc.

A claim filing must include proof of exposure to Lummus asbestos products, medical records, a death certificate (if applicable), employment history and other information supporting Lummus asbestos exposure.

While the Lummus trust does not require the services of an attorney for a claim, many claimants choose to use one. Because asbestos-related diseases take decades to appear, injured victims may have been exposed to multiple sites and may not remember them.

Attorneys work with investigators who uncover the necessary history for a successful claim and also look into multiple asbestos trust funds that an individual may be eligible for, given work history and where exposure to asbestos occurred.

Once the background documentation is collected, the filing process usually proceeds as follows:

  1. Trustees review the submitted information to determine if the claim is valid. If the claim is denied or determined invalid, claimants provide more information, re-file the claim or request an individual review.
  2. Once the claim is validated, the trust establishes the settlement amount based on the scheduled value. The payment percentage is applied to all settlements.
  3. In some cases, a claimant may be able to negotiate a claim settlement. Speak with an attorney to determine who is eligible for this option.
  4. After the claimant accepts the settlement, a direct deposit can be established.

For more information about filing an ABB Lummus trust, contact us today. Our specialized asbestos attorneys help make filing a claim easier.

Loved Ones & Family Members 

Spouses, life partners, children, parents, grandparents and, in some cases, those financially dependent on the person with the asbestos disease may be eligible to apply for benefits from the Lummus trust.

In some cases, a family member or a legal representative can file a claim on behalf of an individual who is ill or incapacitated. However, each trust has specific rules and procedures for filing such a claim. A legal professional will be able to provide the most accurate information. 

If a loved one dies as a result of asbestos exposure, family members and significant others can file a claim to secure a wrongful death settlement. 

The first step in the process is collecting evidence, including the victim’s death certificate, employment records, medical diagnosis, military documents and any evidence connecting the individual to the asbestos. Since the exposure happened decades ago, seek out sources that can help make the connection — ask relatives about their recollections, look at old family photos and review personal records and files.

To learn about your options, contact us today.

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Written & Legally Reviewed By

Daniel Wasserberg

Attorney and On-Site Legal Advocate

Daniel Wasserberg was a New York metropolitan area “Super Lawyer Rising Star” from 2013 to 2018 (attorneys under age 40), and a Super Lawyer in 2019. In 2017, Daniel was named a “Top 100 Civil Litigator” by the National Trial Lawyers organization. This recognition is rarely awarded to attorneys under the age of 40. Daniel is proud to call himself a Trial Lawyer, and is often asked to speak at gatherings of the nation’s leading attorneys, from both sides of the bar.

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