Flintkote Company

Filing a Flintkote Trust Claim

By the time the company filed for bankruptcy in 2004, it had paid more than 270,000 claims totaling about $630 million and was facing another 157,000 outstanding asbestos injury claims.

The Flintkote Asbestos Trust pays $184,000 for an expedited mesothelioma claim, with a payment percentage of 11%.

All Flintkote claims are handled on a first-in, first-out (FIFO) basis, so injured victims are urged to submit claims as soon as possible. Many claimants who are facing medical treatments use the services of an attorney who specializes in asbestos litigation. Asbestos attorneys help claimants by easing the burden of researching and documenting connections to the disease. They help submit information on a timely basis for quick access to financial compensation.

Anyone who has been exposed to Flintkote asbestos-containing products and has developed asbestos-related diseases should consider filing an asbestos trust claim. Contact us today for a free consultation with an attorney.

Flintkote Trust Compensation

The Flintkote trust recognizes seven diseases related to asbestos exposure. The trust allows claimants to choose one of two processes to determine if compensation is available — expedited review or individual review. Claimants who prefer the expedited review, which generally takes about 90 days, receive a fixed settlement amount if the claim is approved. Claimants whose expedited review is rejected or who seek a more significant settlement over the expedited review amount can opt for an individual review. An individual review can take 120 days but can net a larger settlement amount based on individualized circumstances.

What specific criteria is required to file a mesothelioma claim through Flintkote’s expedited process

• Must have a diagnosis of mesothelioma
• Evidence Flintkote caused exposure

What criteria does Flintkote require to pay out lung cancer and severe asbestosis claims?

• Diagnosis of primary lung cancer plus evidence of underlying bilateral asbestos-related nonmalignant disease (confirmed through medical testing)
• Exposure to Flintkote asbestos-containing products for at least six months before Dec. 31, 1982
• Medical documentation establishing asbestos as a contributing factor in the lung cancer
• Significant occupational exposure – lung cancer 1 also requires “significant occupational exposure,” which means employment for at least five years, with a minimum of two years, before Dec. 31, 1982, in an industry or occupation in which the claimant did the following: Handled raw asbestos regularly, fabricated asbestos-containing products, altered repaired or worked with asbestos-containing products, or was employed in an industry or occupation where asbestos was regularly used.
• Claimants prove occupational exposure by providing a sworn statement or statements from coworkers or family members. Claimants can also provide invoices, employment records, construction records, sworn work history or depositions to prove occupational exposure.

What are the factors for determining the settlement amount for an individually reviewed Flintkote claim?

When determining a settlement amount for an individual claim, trustees look at several factors including:

• Claimants age
• Level of disability
• Employment status
• Disruption of household
• Family or recreational activities
• Number of status of dependents
• Special damages (loss of enjoyment of life)
• Pain and suffering

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Expedited Claim Review

Trustees established disease levels and corresponding settlement amounts for expedited reviews, as follows:

Disease	Compensation
Mesothelioma	$184,000
Lung Cancer	$20,000
Severe Asbestosis	$15,000
Other Cancer	$4,500

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Individual Claim Review

Trustees established maximum values and average settlement amounts for individual reviews, as follows:

Disease	Scheduled | Average | Maximum
Mesothelioma (Level VII)	$184,000 | $210,000 | $450,000
Lung Cancer 1 (Level VI)	$20,000 | $25,000 | $40,000
Severe Asbestosis (III)	$15,000 | $20,000 | $35,000

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Other Flintkote Claim Designations

The Flintkote trust also recognizes other claims that can provide financial assistance to victims:

• Extraordinary Claim – Claimants who file an extraordinary claim must be able to show the asbestos exposure was predominately a result of Flintkote, whether it was by working in a Flintkote facility during the time the company was using asbestos or when in contact with a Flintkote asbestos-containing product.
• Exigent Hardship Claim – Claimants who receive exigent hardship status are paid ahead of most other liquidated trust claims if they can prove immediate financial need as a result of the asbestos-related disease.
• Secondary Exposure Claim – Claimants who are diagnosed with an asbestos-related disease as a result of contact with a family member who worked with Flintkote asbestos may seek compensation under an Individual Review.