ASARCO Asbestos Personal Injury Trust

Initially focused on mining, refining, and smelting metals, ASARCO entered the asbestos industry in 1952 by opening the Black Lake asbestos mine in Quebec, Canada. Its later purchase of CAPCO, an asbestos cement and cement pipe manufacturer, added to its liabilities.

ASARCO and its many subsidiaries began facing significant legal pressure in the 1990s. By 2005, the company could no longer meet its legal liabilities. ASARCO filed for Chapter 11 bankruptcy on August 10, 2005.

The ASARCO Asbestos Trust began accepting claims in 2009 with $830 million set aside. Like most asbestos trust funds, the ASARCO Trust only pays a percentage of the settlement value for each claim.

This pro rata system ensures enough funds remain to handle all current and future claims. The current payment percentage is 35%, much higher than other trusts.

ASARCO & Asbestos Exposure

ASARCO, originally founded as the American Smelting and Refining Company in 1899, remains a major producer of copper, lead, alloys, and other metals.

The company first entered the asbestos industry in 1952 and played a significant role in asbestos exposure. It used asbestos in various operations, most notably in its production of asbestos cement pipes and its open-pit asbestos mine in Canada.

Through its subsidiary CAPCO, ASARCO produced miles of asbestos-laden pipes. A comprehensive asbestos survey conducted at the ASARCO plant in Texas revealed widespread asbestos contamination throughout the facility, which employed hundreds of workers at its peak.

In 1975, the company changed its name to ASARCO and, in 1999, was acquired by Grupo Mexico, a mining firm. Today, ASARCO operates as a wholly-owned subsidiary of Grupo Mexico.

Fill out the form below to see if you qualify for compensation from the ASARCO Asbestos Personal Injury Settlement Trust.

Secondary Exposure Dangers

Asbestos fibers have a unique ability to cling to skin, hair, and clothing due to their shape and other inherent properties. As a result, workers in industries like mining and manufacturing often unknowingly carried asbestos particles home with them.

This unintentional transfer of asbestos posed significant risks to family members and loved ones, who could be exposed to the harmful fibers through everyday contact.

Secondary asbestos exposure, even from casual interactions, can be hazardous over time. For example, a spouse or partner handling laundry or cleaning clothes contaminated with asbestos fibers may be at risk of developing asbestos-related diseases due to prolonged exposure. 

These secondary exposures can have serious health consequences, especially when exposure is ongoing over many years.

ASARCO Asbestos Lawsuits 

ASARCO and its subsidiary CAPCO began facing asbestos litigation in the early 1980s but continued using asbestos in their products until 1994. The gross negligence shown by ASARCO  and its subsidiaries has left them open to significant legal liabilities.

Reports gathered during bankruptcy proceedings showed that ASARCO had over 95,000 pending asbestos personal injury claims at the time of filing.

In addition to its personal injury liabilities, ASARCO also had significant environmental liabilities. The ASARCO bankruptcy was the largest environmental bankruptcy in history. Eventually, the company agreed to pay $1.79 billion to help cover clean-up efforts at over 80 sites across 19 States. 

ASARCO is responsible for 20 superfund sites across the U.S., many of which still deal with significant environmental damage.

See if you qualify for trust fund compensation.

Associated Companies 

Found in 1899, for the first 50 years of its operation, ASARCO — then known as the American Smelting and Refining Company — had nothing to do with asbestos.

ASARCO became involved with asbestos in 1952 when it opened the Lake Asbestos Quebec (LAQ) subsidiary. Located in Black Lake, Canada, this open-pit asbestos mine produced 100,000 pounds of asbestos a year and increased the global supply of asbestos by 7%.

ASARCO later increased its asbestos liability with the purchase of CAPCO, a major producer of asbestos cement and asbestos cement pipes. 

ASARCO was purchased by Grupo Mexico, a mining firm, in 1999 and is still operational as a wholly-owned subsidiary. Today, ASARCO produces about 375 million pounds of metals annually from mines across the southwest United States.

Companies Associated With the American Smelting and Refining Company:

• Alta Mining and Development Company
• American Limestone Company
• American Smelting and Refining Company
• Asarco Australia, Ltd.
• ASARCO Exploration Company, Inc.
• ASARCO Mexicana, S.A.
• ASARCO Oil and Gas Company, Inc.
• Blackhawk Mining and Development Company, Ltd.
• CAPCO
• Enthone-OMI, Inc.
• Federal Lead Company
• Federated Metals Corporation
• General Cable Company
• Green Hill Cleveland Mining Company
• Imasa Group 
• Lake Asbestos Quebec (LAQ)
• México Desarrollo Industrial Minero, S.A. de C.V
• M.I.M. Holdings, Ltd.
• Revere Copper and Brass Company
• Southern Peru Copper Corporation

High-Risk Jobs Associated with ASARCO

ASARCO asbestos exposure happened primarily at the company’s factories and its open pit asbestos mine in Quebec, Canada. Any employee of ASARCO from 1952 through 1994 may have suffered occupational asbestos exposure.

Additionally, anyone who installed, repaired, or maintained asbestos cement pipes manufactured by ASARCO is also at high risk for occupational asbestos exposure.

Jobs at Highest Risk for Asbestos Exposure

Other At-Risk Jobs

• Blasters
• Drillers
• Electricians
• Engineers
• Laborers
• Machinists
• Mechanics
• Laborers
• Supervisors
• Smelters
• Truck drivers

Asbestos Products Used at ASARCO

ASARCO mined and sold raw asbestos to other manufacturers. Asbestos-contaminated insulating products were also used throughout its other smelting and refining plants. 

Through its subsidiary CAPCO, ASARCO also produced asbestos cement and asbestos cement pipes widely used throughout the U.S. ASARCO continued using asbestos in its products until 1994, long after it was common knowledge that asbestos was a significant health risk to anyone exposed to it.

Top Asbestos-Containing Products Used at ASARCO Include:

• Capco Permaft ex Uaterpipe
• Capco Pipe Asbestos Cement Pipe

The Formation of the ASARCO Asbestos Personal Injury Settlement Trust

The ASARCO Asbestos Personal Injury Settlement Trust was formed to process, liquidate, and pay all valid asbestos personal injury claims against ASARCO and its acknowledged subsidiaries. 

A Board of Trustees governs the trust. The trustees are responsible for setting the maximum annual payment (MAP), reviewing claims, and adjusting the payment percentage.

The ASARCO Trust recognizes eight scheduled disease levels grouped by diagnosis and severity. The current claims payment ratio ensures that 90% of the MAP pays claims related to severe asbestosis and malignancies. The trust uses the remaining 10% to settle claims related to non-malignant asbestos-related illnesses.

Understanding the Different Review Processes

The first step to beginning the claims process is choosing which of the two review processes offered by the ASARCO Trust you wish to have your claim undergo: expedited or individual.

Each claims review process offers unique benefits and drawbacks. An experienced asbestos attorney can help you choose which of the two processes may be best for you.

Expedited Review

Expedited review (ER) provides the most straightforward route to compensation, with claimants often starting to receive payments in as few as 90 days. Those seeking to file an ER claim must fully meet all eligibility and medical requirements set by the trust.

Successful ER claims are paid a standardized settlement amount called the scheduled value. This amount is neither negotiable nor are any individual considerations or adjustments made.

ER claims are best for those who need compensation quickly to meet pressing medical or living expenses following a diagnosis.

Not all claim types are eligible for expedited review. Lung cancer 2 (Level VI) claims, foreign claims, and secondary exposure claims cannot undergo expedited review.

Individual Review

Individual review (IR) takes longer than expedited review because each claim must be carefully evaluated to offer an individualized award amount. Individual review usually, but not always,  leads to a higher settlement amount than the scheduled value. 

Claimants seeking the highest possible compensation, particularly those with individual or exceptional circumstances that they would like considered, may prefer individual review. 

All extraordinary, foreign, secondary exposure, and lung cancer 2 (Level VI) claims must undergo individual review.

Settlement and Payment Percentage in 2024

Like most asbestos trust funds, the ASARCO Trust pays all settlement claims pro rata, using a payment percentage approved by the trustees. The payment percentage is regularly adjusted based on the number of claims against the trust and the remaining funds.

Application of the payment percentage ensures that enough funds remain to compensate all current and future claimants. The current payment percentage is 35%, much higher than many other trusts.

When the payment percentage is applied, a claim for mesothelioma with a scheduled value of $170,000 will be paid at $59,500.

The tables below show the compensation amounts for individual and expedited claims before applying the payment percentage.

Compensation Amounts for Expedited Review

Disease	Compensation
Mesothelioma (Level VIII)	$170,000
Lung Cancer I (Level VII)	$60,000
Lung Cancer II (Level VI)	None
Other Cancer (Level V)	$20,000
Severe Asbestosis (Level IV)	$50,000
Asbestosis/Pleural Disease (Level III)	$7,500
Asbestosis/Pleural Disease (Level II)	$3,000
Other Asbestos Disease (Level I Cash Discount Payment)	$400

Compensation Amounts for Individual Review

Disease	Compensation
Mesothelioma (Level VIII)	$280,000
Lung Cancer I (Level VII)	$90,000
Lung Cancer II (Level VI)	$15,000
Other Cancer (Level V)	$32,000
Severe Asbestosis (Level IV)	$70,000
Asbestosis/Pleural Disease (Level III)	$8,000
Asbestosis/Pleural Disease (Level II)	None
Other Asbestos Disease (Level I Cash Discount Payment)	None

Eligibility Requirements for the ASARCO Asbestos Trust

To receive compensation from the ASARCO Personal Injury Asbestos Trust, claimants must first be able to prove their eligibility. The ASARCO Trust has two primary eligibility categories that must be met: medical and exposure.

Proving exposure requires significant documentation, which can be difficult for a layperson to gather. Working with an experienced asbestos attorney with access to special tools and databases can make collecting the documentation much more manageable.

Medical Requirements

The medical requirements needed to prove a claim vary depending on which of the scheduled illnesses a claimant has been diagnosed with. However, there is significant overlap. 

Standard medical requirements include:

• Diagnosis with one of the scheduled illnesses by a doctor or pathologist
• Proof in the form of testing and imaging, including:
  • X-ray
  • CT scan
  • MRI 
  • PET scan
  • Pulmonary function testing
  • Pathology report
• Medical evidence showing a causal link between asbestos exposure and the diagnosed condition
• A 10-year latency

Claimants should ensure that all of their supporting medical documentation comes from a source considered reputable by the trust. If the medical evidence comes from a facility that is not regarded as trustworthy, it may not be eligible for consideration.

Exposure Requirements

Proving asbestos exposure requires claimants to show a link between themselves and specific ASARCO job sites and products. While these requirements can vary slightly depending on the illness the claimant has been diagnosed with, there is significant overlap.

Standard requirements to prove exposure:

• Six months of ASARCO Exposure
• Significant Occupational Exposure to asbestos as defined by the ASARCO trust distribution procedures (TDP)
• Five years of cumulative occupational exposure to asbestos. 

Claimants must provide documentation proving that they meet the exposure criteria.

Common types of documentation include:

• Affidavits or witness statements
• Construction records
• Employment records
• Insurance records
• Military service records
• Pay stubs
• Sales records

Filing a Personal Injury Claim Against ASARCO

The key to filing a successful claim is understanding the process. Most trusts have rigid rules and strict criteria for the claims they approve. Legal help can streamline the process and maximize the potential for compensation.

Steps to filing a claim against the ASARCO Asbestos Personal Injury Trust:

1. Choose between expedited and individual review.
2. Next, file a completed claim form, including all required documentation. The ASARCO Trust allows claimants to file online or by mail.
3. Monitor the status of your claim. If the review process uncovers any deficiencies, mitigate them with additional documentation.
4. If your claim succeeds, choose your preferred payment method, complete the paperwork, and accept your settlement offer. If the claim is denied, there may be options to appeal. 

If this seems overwhelming, don’t worry. Asbestos attorneys can access special tools and databases that help them gather research and documentation.

They also have the necessary expertise to navigate complex trust procedures and negotiate the kind of settlement offer you need in the wake of an asbestos illness diagnosis.

Loved Ones & Family Members 

Diagnosis with an asbestos-related illness puts enormous physical, emotional, and financial strain on a victim and their family. Treatment is often expensive and physically draining, leaving many asbestos-exposure victims unable to take on the burden of filing a claim.

When this occurs, it often falls to their family members and loved ones to file the claim for them, but doing so isn’t easy. Working with an experienced asbestos attorney can reduce stress for both the victim and their family while maximizing potential compensation.

If you or a loved one has been diagnosed with an asbestos-related condition and you are interested in learning more about your compensation options, don’t wait. Our team of experienced asbestos lawyers offers free consultations.