Congoleum Asbestos Trust

Congoleum produced various styles of flooring containing asbestos to enhance resistance to fire and heat. However, these products later became a source of health risks due to asbestos exposure.

Like most other asbestos trust funds, the Congoleum Asbestos Trust compensates claimants with a set amount based on the severity of their asbestos-related illnesses and their specific circumstances.

The purpose of this structured payout system is to ensure the trust maintains sufficient funds to continue compensating future claimants. This approach is part of the plan to balance current claimants’ needs with the long-term sustainability of the trust.

Congoleum & Asbestos Exposure

Congoleum Corporation was founded in the early 1800s in Scotland as Nairn Linoleum Company, a floor cloth manufacturer. After relocating to the U.S., the company partnered with Congoleum, a New Jersey flooring maker, and became Congoleum-Nairn, later shortening its name to Congoleum Corporation.

From 1947 to 1984, the company used asbestos in its products, exposing workers and consumers to serious health risks. In 1981, the U.S. Environmental Protection Agency (EPA) identified Congoleum as one of the top asbestos processors with manufacturing facilities in Maryland, New Jersey, and Pennsylvania.

In 2010, Congoleum filed for bankruptcy, establishing the Congoleum Plan Trust with $270 million to compensate affected workers and their families.

Fill out the form below to see if you may be eligible for compensation from the Congoleum Plan Trust.

Mounting Asbestos Lawsuits Against Congoleum

A growing number of asbestos victims began filing legal action against Congoleum. By 2003, Congoleum faced nearly 100,000 asbestos-related claims.

Some notable asbestos lawsuits filed against Congoleum include:

• Mesothelioma victim Robert Ehret sued Congoleum and several other asbestos companies. Congoleum was the only company that did not settle. After Ehret’s death during the trial, his family continued the lawsuit, and the jury found Congoleum 25% at fault and awarded his estate $3.5 million.
• Congoleum Corporation’s Kearny, NJ manufacturing plant was at the center of a lawsuit due to asbestos contamination on site. The case resulted in a $19 million settlement.

Associated Companies 

Congoleum Corporation was linked to multiple other companies that may have used asbestos in their manufactured goods.

The company was created when Scottish floor cloth manufacturer Nairn Linoleum Company merged with Congoleum to become Congoleum-Nairn. In the 1950s, the company began producing the first no-wax resilient vinyl floors. As the company expanded, it shortened its name to Congoleum Corporation.

Congoleum eventually partnered with 3M in 2004 to replace their asbestos products with Scotchgard Protector.

Companies Associated With Congoleum:

• Nairn Linoleum Company
• Congoleum-Nairn
• L. D. Brinkman Corp.
• 3M

High-Risk Jobs Associated With Congoleum

Several occupations were at a higher risk of developing asbestos-related diseases such as mesothelioma due to exposure stemming from Congoleum’s products.

Jobs at Highest Risk for Asbestos Exposure

Other At-Risk Jobs

• Mixing operators
• Builders
• Home inspectors
• Tile workers
• Drywall workers
• Linoleum layers
• Roofers
• Masons

Congoleum Asbestos Products

Congoleum used asbestos in its flooring products to enhance key properties like abrasion resistance, durability, flexibility, and resistance to heat, oil, grease, fungi, moisture, and rot. Some of its leading products contained significant amounts of asbestos to achieve these features.

Like other manufacturers of asbestos-containing vinyl flooring, Congoleum’s process involved manually handling large bags of asbestos, mixing it with chemicals and water, and processing the mixture through rollers and heat to create the final product.

Top Asbestos-Containing Products Used at Congoleum Include:

• Cushionflor
• Fashionflor
• Gold Seal Nairon
• Gold Seal Asphalt Tile
• Gold Seal Vinyl
• Inlaid Vinyl
• Nairn Asphalt Tile
• Nairn Vinyl Tile
• Pacemaker Vinyl
• Peerless Vinyl
• Ultraflo
• Flor-Ever Vinyl
• Vinylbest
• Spring Luxury Vinyl
• CongoWall
• Ranchtile

The Formation of the Congoleum Plan Trust

The company’s bankruptcy proceedings started in 1993, but it took almost two decades for the courts to approve the reorganization plan. In 2003, Congoleum faced nearly 100,000 asbestos-related claims.

Like other asbestos trusts, the Congoleum Trust only pays a fraction of the requested amount to ensure there will be enough funds to pay all claimants in the future. The current payment percentage for the Congoleum Plan Trust is 8.42%.

Understanding the Different Review Processes

There are two different review processes claimants can choose from when filing for Congoleum asbestos trust fund compensation — expedited review or individual review.

The review processes differ in the amount of time it takes to settle a claim and the total amount of potential compensation you may be awarded. If you are unsure which review process is best for your circumstances, consult an asbestos legal expert.

Expedited Review

An expedited review (ER) for your claim is typically the fastest way to get compensation. This expedited payout can be used to cover lost wages, treatment costs, and more. 

The expedited review process is best for Congoleum trust fund claimants looking to get money as soon as possible to cover expenses related to their diagnosis. Trustees process expedited claims within 90 days in the processing queue. 

It’s important to keep in mind that expedited review claims often pay out less than individual review claims. 

Individual Review

An individual review (IR) typically takes longer to settle but often yields a higher average payout. During this process, the trust will examine your specific circumstances and pay out based on your disease level, exposure history, and more.

An individual review takes longer (120 days from entry into the processing queue), but it may result in a more substantial financial settlement. 

The trust does not provide information for the average value of asbestosis/pleural disease and other asbestos disease claims in an individual review.

Settlement and Payment Percentage in 2024

The Congoleum Plan Fund pays on a first-in, first-out (FIFO) basis, meaning trust fund claims are processed in the order they are received.

As of 2024, the payment percentage for claims is 8.42%. There are two types of payment schedules depending on which review process you select, and payouts can vary based on your case.

Compensation for Individual Review

Disease	Scheduled Value	Average Value	Maximum Value
Mesothelioma (Level VII)	$120,000	$150,000	$720,000
Lung Cancer 1 (Level VII)	$40,000	$48,000	$240,000
Lung Cancer 2 (Level VI)	None	$15,000	$24,000
Other Cancer (Level V)	$12,000	$14,000	$40,000
Severe Asbestosis (Level IV)	$30,000	$25,000	$60,000
Asbestosis/Pleural Disease (Level III)	$3,600	N/A	N/A
Asbestosis/Pleural Disease (Level II)	$1,200	N/A	N/A
Other Asbestos Disease-  Cash Discount Payment (Level I)	$250	N/A	N/A

Eligibility Requirements for the Congoleum Plan Trust

There are two categories of eligibility requirements that must be met to receive compensation from a Congoleum trust fund claim — medical and exposure. 

To file a claim with the Congoleum Asbestos Trust, claimants must provide evidence of an asbestos-related disease diagnosis. Additionally, they must establish that their exposure to Congoleum products directly caused the disease.

*The statute of limitations for asbestos personal injury claims typically expires 2 to 3 years after initial medical diagnosis but can vary by state. A legal expert can help you navigate your state laws and determine your potential compensation options.

Medical Requirements

• Mesothelioma (Level VIII): Diagnosis of mesothelioma
• Lung Cancer 1 (Level VII): Diagnosis of primary lung cancer and evidence of an underlying Bilateral Asbestos-Related Non-Malignant Disease
• Lung Cancer 2 (Level VI): Diagnosis of primary lung cancer that shows evidence of Bilateral Asbestos-Related Non-Malignant Disease
• Other Cancer (Level V): Diagnosis of a primary colorectal, laryngeal, esophageal, pharyngeal, or stomach cancer, plus evidence of an underlying Bilateral Asbestos-Related Non-Malignant Disease
• Severe Asbestosis (Level IV): Diagnosis of asbestosis with an International Labor Organization (ILO) classification of 2/1 or greater, or asbestosis determined by pathological evidence of asbestos, plus TLC less than 65%, or FVC less than 65% and FEVl/FVC ratio greater than 65%
• Asbestosis/Pleural Disease (Level III): Diagnosis of Bilateral Asbestos-Related Non-Malignant Disease, plus TLC less than 80%, or FVC less than 80% and FEVl/FVC ratio greater than or equal to 65%
• Asbestosis/Pleural Disease (Level II): Diagnosis of a Bilateral Asbestos-Related Non-Malignant Disease
• Other Asbestos Disease: (Level I): Diagnosis of a Bilateral Asbestos-Related Non-Malignant Disease or an asbestos-related malignancy other than mesothelioma

Exposure Requirements

• Mesothelioma (Level VIII): Congoleum asbestos exposure prior to December 31, 1982
• Lung Cancer 1 (Level VII):  Six months of Congoleum exposure prior to December 31, 1982, Significant Occupational Exposure to asbestos, and supporting medical documentation establishing asbestos exposure as a contributing factor in causing the lung cancer in question 
• Lung Cancer 2 (Level VI): Congoleum exposure prior to December 31, 1982, and supporting medical documentation establishing asbestos exposure as a contributing factor in causing the lung cancer in question
• Other Cancer (Level V): Six months of Congoleum exposure prior to December 31, 1982, Significant Occupational Exposure to asbestos, and supporting medical documentation linking asbestos exposure to the cancer in question
• Severe Asbestosis (Level IV): Six months of Congoleum exposure prior to December 31, 1982, Significant Occupational Exposure to asbestos, and supporting medical documentation establishing asbestos exposure as a contributing factor in causing the pulmonary disease in question
• Asbestosis/Pleural Disease (Level III): Six months of Congoleum exposure prior to December 31, 1982, Significant Occupational Exposure to asbestos, and supporting medical documentation establishing asbestos exposure as a contributing factor in causing the pulmonary disease in question
• Asbestosis/Pleural Disease (Level II): Six months of Congoleum exposure prior to December 31, 1982, and five years of cumulative occupational exposure to asbestos
• Other Asbestos Disease: (Level I): Congoleum exposure prior to December 31, 1982

Filing a Personal Injury Claim Against Congoleum

To file a personal injury claim against Congoleum, you must prove that asbestos exposure from their products led to your illness. 

If you have an eligible claim, legal professionals specializing in asbestos claims offer invaluable support, allowing you to focus on your health and recovery while they handle the complexities of your case.

These experts can assist in gathering evidence, ensuring all deadlines are met, and filing paperwork properly.

Loved Ones & Family Members 

Family members and loved ones may be able to file for Congoleum trust fund compensation. This payout can help you cover costs associated with your loved one’s illness including funeral expenses, medical bills, and more.

If you qualify, our team can assist you through the claims process, helping to take the stress out of legal proceedings and pursue justice on behalf of your family. Contact us today to learn more.