Kaiser Aluminum Asbestos Trust

Founded in 1946, Kaiser Aluminum grew into a multinational corporation with ties to numerous industries and organizations, including the U.S. military.

One of the nation’s largest manufacturers of aluminum products, Kaiser used asbestos in its manufacturing process and products.  

Kaiser Aluminum emerged from bankruptcy in 2006, and the trust began accepting claims on December 18.

Like other asbestos trust funds, the Kaiser Aluminum Asbestos Trust only pays a percentage of the settlement value to ensure enough funds remain to compensate all victims.

See if you qualify for compensation from the Kaiser Aluminum trust fund today.

Kaiser Aluminum & Asbestos Exposure

Founded in 1946 by Henry J. Kaiser, Kaiser Aluminum began with the purchase of three aluminum facilities from the U.S. government. It grew to be one of the nation’s largest suppliers of aluminum and building products. 

By the 1950s, the company’s aluminum products could be found in virtually all construction and military functions.

Kaiser used asbestos because of its high heat, chemical, and fire resistance throughout Kaiser plants. Some examples include its use in aluminum smelters, which extract aluminum from oxide to prevent conducting electrical current.

Asbestos was also used in heavy machinery at the plants, protective clothing, and company buildings and offices.

Asbestos was regularly used in Kaiser products — like the fire protection boards produced for the U.S. Navy and other ships — from the 1950s until 1978. Kaiser continued using asbestos despite warnings from medical professionals about its dangers as early as the 1920s. 

Due to Kaiser Aluminum’s reach, there is the potential for widespread asbestos exposure. Many Kaiser products may remain in buildings, construction materials, and shipyards today.

Kaiser Aluminum Asbestos Lawsuits

With a $633.1 million liability for future asbestos-related costs in 2001, Kaiser Aluminum filed for Chapter 11 bankruptcy in February 2002. Before the Kaiser bankruptcy was finalized, the company faced about 112,000 asbestos-related legal claims.

Over the years, Kaiser Aluminum settled scores of asbestos-related lawsuits, including:

A $39,675 settlement to a worker exposed to Kaiser asbestos products. Henry Barabin was exposed while working in a refinery and paper mill and received settlements from 17 companies that used asbestos, totaling nearly $765,000.

A $2.5 million jury award to a man who worked at industrial plants in the northwest United States. John Henderson was an Aluminum, Brick, and Glass Union member in Wenatchee, Washington, and was regularly exposed to asbestos.

Associated Companies

One of the many companies founded by prolific American industrialist Henry J. Kaiser, Kaiser Aluminum and its affiliates touched on almost every facet of American life.

Kaiser Aluminum was born when two of his other ventures — Kaiser-Frazer and Kaiser Cargo, Inc. — leased several government-owned aluminum plants in 1946. 

From there, Kaiser Aluminum joined Henry J Kaiser’s numerous other businesses as an autonomous producer and manufacturer of aluminum products.

Companies Associated With Kaiser Aluminum:

• Aluminum Company of America (ALCOA)
• Kaiser Aluminium and Chemical Corporation
• Kaiser Bauxite Company
• Kaiser Cargo, Inc.
• Kaiser-Frazer Corporation
• KaiserTech Ltd
• MAXXAM Group, Inc.
• Permanente Metals Corporation
• Six Companies, Inc.
• Todd Shipbuilding Corporation

High-Risk Jobs Associated With Kaiser Aluminum

Kaiser Aluminum had several plant sites, including one in Foothill City, California, and several in Washington state. Additionally, the trust maintains a list of over 700 job sites where employees and others were exposed to asbestos due to company negligence.

Because Kaiser provided products to many industries, including defense, automotive, aerospace, and construction, the harm they caused was widespread and affected many professions.

Jobs at Highest Risk for Asbestos Exposure

Other At-Risk Jobs

• Abatement workers
• Boiler operators
• Brake mechanics
• Brick layers
• Casters
• Caulkers
• Electricians
• Fabricators
• Insulators
• Maintenance workers
• Masonry workers
• Mechanics
• Millwrights
• Pipefitters/pipefitters
• Plasterers
• Riggers
• Shipwrights
• Steel workers
• Still cleaners
• Welders

Asbestos Products Used at Kaiser Aluminum

From the beginning, Kaiser participated in all variations of aluminum work. They made parts for ships, cars, and airplanes, building materials like insulation and cement, and traded in raw asbestos fibers. 

Kaiser sold their products to the U.S. military and private industry, allowing their asbestos-contaminated goods to be widely used and installed. Many are still in place today.  

Top Asbestos-Containing Products Used at Kaiser Aluminum:

• K-N Plastic Chrome Ore
• Plastic K-N*, KK-N, Ram used at Steel Mills
• Vee Block Castable Insulation
• Vee Block Mix/Castable Insulating Cement
• Blast Furnace Castable Insulation
• Super D Block Insulation
• KR 1202/1204 M/C Brick
• Hard Top Finishing Cement
• M-Block Insulation
• Coelex 60 Unitab Brick 
• Plastic Insulation Cement 
• Kaiser Mineral Wool Cement 
• Raw asbestos fiber
• Mirawal “Birdsboard” Siding
• Mirawal “Birdsboard” Building Panel

Kaiser Asbestos Product Development

Kaiser Aluminum developed products used in aluminum refining and included asbestos in production.

One of the company’s most significant ventures was shipbuilding during World War II. The company owned shipyards in areas including California.

When the war ended, Kaiser moved into manufacturing aluminum parts for automobiles. By the early 1950s, Kaiser Aluminum was the nation’s third-largest aluminum producer and manufacturer.

By the 1960s, the company also sold other asbestos-containing products, including refractory materials, insulation, cement, and building siding.

In 1967, Kaiser employed about 90,000 people in nearly 200 plants nationwide, many of which used asbestos in one form or another.

The Formation of the Kaiser Aluminum PI Trust

The Kaiser Aluminum Asbestos Personal Injury Trust was formed in 2006 as part of the company’s plan to emerge from bankruptcy.

Individuals exposed to products manufactured by Kaiser Aluminum can file a claim against the trust and receive compensation if the claim is successful.

The Kaiser trust recognizes asbestos-related diseases by level, with Level VII being the most severe (mesothelioma) and Level I as the least severe (other asbestos diseases). Each disease level has specific medical and exposure criteria for compensation.

All trust claims are processed via a first-in, first-out (FIFO) method, meaning claims will be handled in the order in which they are received.

Eligibility Requirements for the Kaiser Asbestos PI Trust

Before receiving compensation, claimants must first show that they are eligible. There are two primary types of eligibility requirements: medical and exposure.

Claimants or their families must provide documentation that proves exposure and the level of disease, among other things.

In addition to meeting the other requirements, a claim must be submitted before the statute of limitations has passed.

Once all the information is submitted, the claim can take up to six months to be approved. However, with the help of an attorney who understands the system, the approval process may take as few as three months.

Medical Requirements

Claimants must provide medical records supporting a diagnosis of one of the trust’s eight scheduled disease levels.

Documents required may include:

• Diagnosis by a physician or pathologist
• X-rays
• CAT scans
• Pulmonary function tests
• Pathology report
• Death certificate
• Letter or affidavit from a doctor providing a causal link between the disease and asbestos exposure

Exposure Requirements

Claimants must also show that their disease stems from exposure to Kaiser products.

Supporting documentation may include:

• Employment records
• Military service records
• Witness testimony 
• Reports from governmental agencies 
• Records from insurance agencies

Kaiser Aluminum Asbestos Trust Payment Percentages & Compensation

Once approved, the claim payout (formally called a liquidation) will be allocated based on the trust distribution procedures (TDP).

The TDP is based on which of the two types of review the claimant chooses: expedited or individual.

If the claim is successful, the payment percentage is applied to the settlement value to calculate the final award amount.

Expedited Review

Expedited review (ER) is designed to provide faster access to funds but can only be used for easily verifiable claims that meet the medical and exposure criteria.

Expedited review establishes a fixed settlement amount, called a scheduled value, based on disease level.

Because expedited review is the fastest way to complete the review process, it may be a good option for those with pressing expenses resulting from their diagnosis.

Current scheduled values include:

Disease	Scheduled Value
Mesothelioma (Level VII)	$70,000
Lung Cancer 1 (Level VII)	$27,500
Lung Cancer 2 (Level VI)	$0
Other Cancer (Level V)	$13,800
Severe Asbestosis (Level IV)	$20,750
Asbestosis/Pleural Disease (Level III)	$4,850
Asbestosis/Pleural Disease (Level II)	$700
Asbestosis/Pleural Disease (Level I)	$200

Lung Cancer 2 (Level VI) claims do not meet the stringent criteria established for Lung Cancer 1 (Level VII), so they must be individually evaluated. The estimated valuation for a Lung Cancer 2 claim is typically between $7,000 and $20,000.

The difference between Asbestosis/Pleural Disease (Level III) and Asbestosis/Pleural Disease (Level II) claims include more severe disease spread. The scope of the disease must be documented in radiology reports, lung function tests, and lung capacity tests.

Individual Review

Claimants who do not meet the requirements for an expedited review, whose expedited review claim is denied, or who have extenuating circumstances can file for an individual analysis.

“Asbestos disease victims were often exposed in the workplace through contaminated products from multiple companies. These individuals may be able to receive compensation from multiple trust funds. Working with our team of asbestos experts can help you maximize the compensation you may be entitled to.”

– Daniel Wasserberg, Attorney

The individual review (IR) method takes longer than an expedited review because trustees must consider personal circumstances.

The result may be a higher or lower payout than the fixed rate established by the expedited review or no payment.

Trusts do not publish specific values because individual claim values differ per claimant circumstances. However, the Kaiser Trust established an average and maximum value for each disease level.

Disease	Average Value	Maximum Value
Mesothelioma (Level VII)	$104,000	$380,000
Lung Cancer 1 (Level VII)	$33,000	$85,000
Lung Cancer 1 (Level VI)	$7,000	$20,000
Other Cancer (Level V)	$17,300	$40,000
Severe Asbestosis (Level IV)	$22,000	$55,000
Asbestosis/Pleural Disease (Level III)	$0	$0
Asbestosis/Pleural Disease (Level II)	$0	$0
Asbestosis/Pleural Disease (Level I)	$0	$0

Other Kinds of Kaiser Claims

Kaiser Aluminum provides three additional claims for processing.

Like all other asbestos trusts, Kaiser only pays a portion of the settlement amount to ensure enough funding for all future claims. The payment percentage fluctuates, largely based on the current market situation and the number of anticipated claims.

On August 15, 2023, Kaiser lowered its payment percentage from 18.1% to 15.5%. That means an individual with an approved expedited mesothelioma claim will receive $10,850 (15.5% of $70,000 = $10,850).

Filing a Personal Injury Claim Against Kaiser Aluminum

To file a claim against the Kaiser Aluminum Asbestos Trust, claimants must take several steps:

1. File a claim form
2. Choose which review process their claim will undergo
3. Provide all required documentation for their claim type
4. During the review process, the trust may request additional documentation or clarification 
5. If the claim is successful, agree to the offered liquidation amount

Claims can be filed electronically or in hard copy. 

While it may seem a relatively straightforward process initially, the burden of proof placed on the claimant and their family can be immense, and the processes of the trust can be hard to navigate. Claims deemed incomplete due to lack of acceptable documentation are denied.

Loved Ones & Family Members 

Many asbestos victims are too ill to manage the claims process themselves or may have already passed away from an asbestos-related illness. In these cases, their loved ones and family members are left to navigate the claims process in their place.

The family members of an asbestos victim often face significant financial and emotional burdens following diagnosis. Medical bills, loss of income, and the strain of acting as a caregiver can all create considerable stress.

Hiring an experienced mesothelioma lawyer may be able to help you and your loved one seek compensation more quickly and with less stress. This allows you to keep your focus where it belongs: on healing.

To learn about your options, contact us today.