H.K. Porter Asbestos Trust

By the 1980s, H.K. Porter was facing more than 100,000 asbestos-related lawsuits — including personal injury, property damage, and wrongful death — and paid more than $200 million in asbestos legal settlements.

On February 15, 1991, H.K. Porter, Inc. filed for Chapter 11 bankruptcy, during which the company proposed the creation of the H.K. Porter Asbestos Trust.

The H.K. Porter asbestos trust was launched in 1998 with $77 million. The trust pays a 3% payment percentage.

Anyone who has been exposed to asbestos-containing products manufactured or used by H.K. Porter or one of its affiliate companies and has developed a respiratory illness may be eligible for compensation.

Like most other asbestos trust funds, eligibility for the H.K. Porter trust varies widely on the disease and level of illness.

See if you qualify for compensation from the H.K. Porter Asbestos Trust today.

H.K. Porter, Inc & Asbestos Exposure

H.K. Porter started in 1866 as a small machine shop in Pittsburgh that built and repaired industrial equipment.

In a matter of years, the company, started by Henry Kirke Porter and John Y. Smith, was the largest producer of industrial locomotives in the United States.

H.K. Porter, Inc. locomotives were in demand because they were smaller than the competitor’s trains and could be operated by a single engineer.

The company made the first gas-powered locomotive and developed the first fireless engine to replace steam-engine boilers.

H.K. Porter Company became the third-largest locomotive manufacturer in the United States. H.K. Porter used asbestos liberally throughout the parts on its locomotives as an insulator to protect from excessive heat and possible fire.

The company manufactured its last locomotive in 1950 but went on to manufacture products for the shipbuilding industry.

Associated Companies 

During its tenure, Porter also acquired other companies that sold, manufactured, and distributed asbestos-containing products.

Companies Associated With H.K. Porter, Inc.:

• Asbestos Manufacturing Company (AMCO)
• Carolina Asbestos Company
• Laclede Christy Company
• Pacific Asbestos
• Russell Manufacturing Company
• Southern Asbestos Company
• Tallman-McClusky Fabrics, Co.
• Thermoid Corp

High-Risk Jobs Associated With H.K. Porter

During the early years of the company, H.K. Porter produced smaller (also known as light) locomotives for specialized industrial tasks, including mining, sugar growing, and canal building. 

Once the locomotive market dwindled, Porter redirected its focus and acquired other companies. By the late 1950s, Porter operated 49 rubber, steel, and electrical device plants in the United States, Canada, and Mexico.

Jobs at Highest Risk for Asbestos Exposure

• Boilermakers
• Canal diggers
• Carpenters
• Cement plant workers
• Chemical plant workers
• Coal miners
• Electricians
• Engineers
• Factory workers
• Firefighters and first responders
• Furnace and kiln operators
• Insulators
• Laundry and dry-cleaning workers
• Machinists
• Metalworkers
• Miners
• Pipefitters and plumbers
• Plasters
• Powerhouse workers
• Railroad mechanics
• Roofers
• Shipyard workers
• Steelworkers
• Sugar plantation workers
• Toolmakers
• Welders

Dangers of Secondhand Exposure

Since companies never told workers about the dangers associated with asbestos or gave them protective gear, they unwittingly brought asbestos into their homes.

Secondary exposure predominately impacts the spouses and children of asbestos-exposed workers, although it can affect anyone who shared a living space with the worker.

Even though the risk of secondary exposure is lower than that of direct occupational exposure, it is still a severe threat — about 10% of victims are diagnosed with an asbestos-related disease after contact with an exposed worker.

Victims of second-hand exposure may be eligible for compensation through asbestos trusts.

Companies never informed workers about the dangers of asbestos exposure.

As a result, employees often brought asbestos home on their clothing, potentially exposing anyone who shared their living space. Approximately 10% of all asbestos-related diseases stem from secondary exposure.

Job Sites With Asbestos Exposure From H.K. Porter, Inc.

H.K. Porter, Inc. was extensively involved in the use of asbestos across various industries, leading to widespread exposure at numerous job sites.

The company’s products, including those used in locomotives and the manufacturing of shipbuilding materials, often contained asbestos. 

Workers at these sites, as well as those in related industries, were at risk of asbestos exposure. Sites such as shipyards, factories, and rail yards where H.K. Porter products were used are known to have high levels of asbestos contamination. 

This exposure not only affected the workers directly handling these materials but also posed a risk to those in proximity, leading to potential health issues from asbestos-related diseases.

Asbestos Products Used at H.K. Porter, Inc.

While the early years of H.K. Porter were focused on building locomotives, the company did not use asbestos directly in train manufacturing.

Instead, Porter used asbestos-containing parts in its trains, including pipe insulation, water tanks, gaskets, brakes and brake pads, steam valves, and fireproof cloth.

When Porter acquired other companies, the line of asbestos-containing goods multiplied to include yard, compounds, tape, felt, canvas, tools, sheeting, disc brakes, refractory materials, ducting, and packing materials.

Top Asbestos-Containing Products Used at H.K. Porter, Inc.

• Pipe insulation
• Water tanks
• Gaskets
• Brakes and brake pads
• Steam valves
• Fireproof cloth
• Yard
• Compounds
• Tape
• Felt
• Canvas
• Tools
• Sheeting
• Disc brakes
• Refractory materials
• Ducting
• Packing materials

The Formation of the H.K. Porter Asbestos Trust

H.K. Porter Co. faced lawsuits from individuals, businesses, and governmental agencies as a result of decades of asbestos use.

In one case, a public school district sued H.K. Porter and several other companies after asbestos was discovered in buildings.

The school district administrators wanted Porter and the other companies to cover the cost of remediation and building reconstruction. Porter and the other companies lost on appeal and were forced to pay for repairs.

In addition, thousands of workers and their family members filed lawsuits against the company. 

Like most companies of the time, H.K. Porter kept secret the dangers of asbestos exposure to ensure they would make the most profits possible.

When scientists and physicians demanded the information be public, workers found out about the risks. By that time, it was too late for many — they had been exposed.

Settlement and Payment Percentage in 2024

As of September 2024, the payment percentage for the H.K. Porter Asbestos Trust is 3%. 

On February 1, 2024, the trust issued a notice stating its intent to reassess this percentage within 30 days. During this review period, the trust will suspend new offers.

Claimants who received an offer and release before this letter have until the proposed payment percentage change date to return the executed release and receive the current payment percentage.

That said, the trust website has not yet been updated with the new payment percentage information. Victims or loved ones seeking compensation from the H.K. Porter Trust are encouraged to consult with an experienced asbestos lawyer to understand the most up-to-date information about the trust.

H.K. Porter Expedited Claim 

In an expedited claim, the trust uses predetermined criteria to evaluate the claim. If the criteria are met, the claimant receives a standardized payout amount based on a set schedule.

This claim type is best for claimants who prefer a quicker resolution and are satisfied with a standardized compensation amount.

When a Porter trust claim is determined to qualify for a settlement, victims receive a single cash payment equal to the current payment percentage, which is 3%.

The base settlement amounts for expedited claims are as follows:

Disease	Compensation
Mesothelioma	$20,000
Lung Cancer	$12,000
Other Cancer	$7,500
Non-Malignancy	$3,750

When the 3% payment percentage is factored, a qualifying mesothelioma victim will receive $600. With the proper documentation, victims may have the right to file claims on asbestos bankruptcy trust funds from multiple companies.

H.K. Portal Non-Expedited Claims

The non-expedited process involves a more detailed review of the claimant’s case, considering unique factors such as the extent of asbestos exposure, medical history, and specific circumstances.

Because the trust examines the case individually, there’s potential for a higher payout if the case warrants it, compared to the standardized amount in the expedited process.

This claim type is ideal for those who believe their case has unique factors that could justify a higher payout and are willing to wait longer for a more personalized evaluation.

Claimants with serious or fatal Porter asbestos injuries are eligible for an individual review of their injuries.

Those deemed eligible will receive a single cash payment equal to the current payment percentage:

Disease	Compensation
Mesothelioma	$40,000
Lung Cancer	$24,000
Other Cancer	$15,000
Non-Malignancy	$7,500

When the 3% payment percentage is applied, an eligible mesothelioma victim will receive $1,200.

How to File an H.K. Porter Asbestos Trust Claim

Filing a claim with the H.K. Porter Asbestos Trust involves several key steps to ensure you receive the compensation you may be entitled to for asbestos-related diseases.

Here’s a step-by-step guide to navigate the process:

1. Gather Medical Records: Collect comprehensive medical documentation confirming your asbestos-related disease. This should include diagnosis reports, treatment history, and any relevant test results.
2. Document Exposure History: Compile detailed records of your exposure to asbestos, including the locations where you worked with H.K. Porter products, the duration of your exposure, and any associated job duties. This information is crucial to establish a connection between your illness and H.K. Porter’s asbestos-containing products.
3. Consult with a Legal Expert: Engaging with an attorney or specialist in asbestos trust claims can provide valuable guidance. They can help you understand the specifics of the trust fund, assist in gathering necessary documentation, and help ensure that your claim is filed correctly.
4. Complete the Claim Form: Fill out the H.K. Porter Asbestos Trust claim form accurately. This form will require detailed information about your exposure, medical condition, and personal background. As of September 2021 and as a response to the 2020 pandemic, claimants no longer need to notarize release forms and can now electronically sign documents related to exposure evidence.
5. Submit Your Claim: Once the claim form and supporting documents are prepared, submit them to the H.K. Porter Asbestos Trust. Ensure that all paperwork is complete to avoid delays or denials.
6. Follow Up: After submission, monitor the status of your claim and stay in contact with the trust’s administrators. Respond promptly to any additional requests for information or documentation.

By following these steps, you can effectively navigate the claims process and work toward receiving potential compensation for the impacts of asbestos exposure.

Eligibility Requirements

Unlike other asbestos trusts, H.K. Porter compensates victims of only four disease levels: mesothelioma, lung cancer, other cancer, and non-malignancy. Other trusts offer compensation for up to eight disease levels.

Claimants must submit at least one report from a qualified physician with information regarding the appropriate diagnosis (mesothelioma, lung cancer, other cancer, and non-malignancy).

The trustees may require additional documentation, such as X-rays, lab tests, and medical exam reports. The trustees expect the submitted evidence to comply with recognized medical standards regarding testing methods, equipment, and procedures.

More specifically, the Porter Trust requires the following medical evidence:

Mesothelioma

A mesothelioma claim must include a pathology or operative report that indicates a definitive diagnosis of mesothelioma.

Lung Cancer

A claim of asbestos-related lung cancer must include the following:

• A pathology report or operative report indicating a definitive diagnosis of primary asbestos-related lung cancer.
• A diagnosis of a pleural or parenchymal (lung tissue) asbestos-related disease, or
• An opinion from a qualified doctor attributing the lung cancer to asbestos exposure, or
• At least ten years of documented occupational exposure to asbestos-containing materials.

If there is an indication the original site of the cancer was not the lungs, the claim may not be categorized as an asbestos-related lung cancer.

Other Cancer

A cancer claim must include a qualified physician’s report demonstrating the existence of primary pharynx, gastrointestinal, or larynx cancer.

The claim must also include either:

• A diagnosis of a pleural or parenchymal (lung tissue) asbestos-related disease, or
• An opinion from a qualified doctor attributing the lung cancer to asbestos exposure, or
• At least ten years of documented occupational exposure to asbestos-containing materials.

If there is an indication the original site of the cancer was not the pharynx, gastrointestinal tract, or larynx, the claim may not be categorized as an asbestos-related other cancer.

Non-Malignancy (Asbestosis or Similar)

A claim for a non-malignant disease must include a chest X-ray, narrative report, hospital records, or radiology report showing pleural thickening, pleural plaques, pulmonary asbestosis, or severely decreased lung functions.

All claims are categorized based on the submitted evidence. In some cases, trustees may require additional medical information to process the file.

Proof of Exposure

Claimants must provide evidence of exposure, including information regarding job sites, occupation, dates of employment, and other details.

The trust also pays exigent health claims for individuals who experienced severe financial hardship due to asbestos exposure from Porter products and the resulting disease.

The trust requires the following information to qualify:

• Documentation from a qualified physician that shows a diagnosis of an asbestos-related disease
• A legal affidavit from the physician stating the claimant will not survive beyond six months. The affidavit must be from a physician who examined the claimant within the previous 120 days.

The trustees reserve the right to modify the required documents for additional medical or exposure information.

Getting Help for Your H.K. Porter Asbestos Trust Claim

Navigating the H.K. Porter Asbestos Trust claim process can be complex and challenging, but working with asbestos experts can make all the difference.

These professionals have the knowledge and experience to guide you through every step, ensuring that all necessary documentation and evidence are properly handled.

Their expertise can help you understand the intricacies of the claim process, maximize your potential compensation, and secure the financial support you need.

By partnering with specialists who are well-versed in asbestos trust claims, you can relieve the stress of managing your qualifying claim and focus on what matters most — your well-being and recovery.