ASARCO Asbestos Trust Fund, Exposure & Compensation

ASARCO LLC, originally known as American Smelting and Refining Company, is a mining, smelting, and refining company with major operations in Arizona.

After taking operational control of Lake Asbestos of Quebec Ltd. (LAQ) and acquiring Cement Asbestos Products Company (CAPCO), ASARCO assumed significant asbestos liabilities and established an asbestos Trust to compensate asbestos victims.

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If you or a loved one developed mesothelioma or another asbestos-related disease after exposure to ASARCO asbestos products, an asbestos attorney at Early, Lucarelli, Sweeney & Meisenkothen (ELSM) can help you file an ASARCO asbestos trust claim.

ASARCO Asbestos Trust At a Glance

• The ASARCO Asbestos Personal Injury Settlement Trust has paid approximately $730.19 million to asbestos victims with funds remaining.
• To file an ASARCO asbestos trust claim, the victim must be diagnosed with mesothelioma or another asbestos disease and prove ASARCO is responsible for the exposure.
• ASARCO asbestos exposure may be linked to raw asbestos fibers mined by LAQ or asbestos products manufactured by ASARCO’s subsidiaries, including CAPCO.
• ELSM Law asbestos lawyer will review your case to determine your eligibility and file an ASARCO asbestos claim on your behalf.

Understanding the ASARCO Asbestos Personal Injury Settlement Trust Fund

On August 9, 2005, ASARCO LLC filed a petition for relief under Chapter 11 of the United States Bankruptcy Code for reorganization in response to several asbestos lawsuits filed against the company that amounted to billions in liabilities.

The ASARCO Asbestos Personal Injury Settlement Trust was officially established on December 9, 2009 and began accepting asbestos claims on January 5, 2011. The asbestos trust fund was initially funded with over $900 million in assets. The Trust is designed to resolve all asbestos-related personal injury claims associated with exposure to asbestos fibers from products for which ASARCO and its subsidiaries assume liability.

Since its inception, the trust has received over 527,300 claims. The Verus, LLC claims processing facility continues to handle these ASARCO asbestos claims today.

In 2024, the ASARCO Asbestos Personal Injury Settlement Trust:

• Paid over 19,260 claims.
• Received over 25,920 unliquidated claims.
• Paid approximately $80.411 million to asbestos victims.
• Reported over $3.1 million in settled but unpaid claims.
• Reported approximately $662.74 million in total assets.

ASARCO Asbestos Personal Injury Settlement Trust Payment Percentage

The ASARCO Asbestos Personal Injury Settlement Trust will compensate asbestos victims based on the payment percentage system that is designed to preserve money for future claims. The current ASARCO asbestos trust payment percentage is 35%. At a payment percentage of 35%, an ASARCO mesothelioma claim filed under the expedited review process can be expected to receive the minimum standard scheduled value payment of $59,500.

Determining Review Process for ASARCO Claims

When filing an ASARCO asbestos trust claim, an experienced asbestos lawyer will review the victim’s exposure, medical, and personal records to determine the appropriate filing process to maximize the claimant’s compensation.

Two claim review options are:

• Expedited Review (ER): An ER claim receives a standardized review to confirm it meets the requirements established in the Trust Distribution Procedures and qualifies for the standard value payment percentage.
• Individual Review (IR): An IR claim involves a thorough evaluation of the claimant’s exposure, medical records, and other personal information to determine the individual liquidated value of the claim. Lung cancer diagnoses and certain exposure circumstances require IR filing.

An asbestos attorney at Early, Lucarelli, Sweeney & Meisenkothen will assess the claimant’s information to file a mesothelioma claim. Compensation is determined by factors such as age, diagnosis, exposure, and the firm’s settlement history.

ASARCO’s Role in Asbestos Exposure

ASARCO was originally founded in 1899 as American Smelting and Refining Company and evolved into an integrated miner, smelter and refiner of copper and other nonferrous metals such as zinc, lead, silver, and gold. The company built and acquired mining and smelting operations across the United States, particularly in Arizona, Texas, and Montana, as well as in Mexico. Its three largest open-pit copper mines in Arizona include the Mission mine, Silver Bell mine, and Ray mine.

During the early 1950s, ASARCO expanded into the asbestos industry, supplying raw asbestos fibers and manufacturing asbestos-containing products through its subsidiaries. The company was eventually held legally responsible for extensive environmental contamination associated with its mining and smelting activities.

Key events in ASARCO’s asbestos history include:

• 1952-1954: ASARCO entered the asbestos field at Black Lake, Quebec, through an agreement for exploration and development of the asbestos deposits. By 1954, it acquired and begun operating Lake Asbestos of Quebec Ltd. (LAQ) and the Black Lake Asbestos mine.
• 1954: Production began at the Silver Bell Mine in Arizona, ASARCO’s first open-pit copper mine.
• 1974: ASARCO, LLC acquired CAPCO, making it a wholly owned subsidiary. CAPCO continued to produce asbestos-cement products under ASARCO’s ownership.
• 1980s: ASARCO began divesting its asbestos interest. LAQ was eventually sold to a Canadian company, Lac d’Amiante du Québec Ltée, and the Black Lake asbestos mine was no longer controlled by ASARCO.
• 1999: Grupo Mexico, a large Mexican mining and infrastructure conglomerate, acquired ASARCO.
• 2005: After facing thousands of asbestos lawsuits and other environmental liabilities, ASARCO and its subsidiaries filed for Chapter 11 bankruptcy.
• 2009: The ASARCO Asbestos Personal Injury Settlement Trust was officially created under the plan of reorganization approved by the court to handle all current and future asbestos-related claims filed against the company and its subsidiaries.
• 2009: As part of the bankruptcy reorganization, ASARCO reached a $1.79 billion settlement with the U.S Department of Justice (DOJ), U.S. Environmental Protection Agency (EPA), and other federal and state agencies in what became the largest environmental-bankruptcy settlement in U.S. history. The funds were allocated for environmental cleanup and restoration at over 80 contaminated sites in 19 states through the EPA’s Superfund program and other federal and state agencies to address decades of contamination from ASARCO’s mining, smelting, and refining operations.

ASARCO Asbestos Products

Although ASARCO did not directly manufacture asbestos products, the company operated a Canadian asbestos mine (LAQ) that supplied raw asbestos fibers to several manufacturers, including ASARCO’s own subsidiary, CAPCO. ASARCO assumed responsibility for CAPCO asbestos cement pipe products that were used for water, sewer, and drainage systems. Cement was mixed with asbestos fibers to improve strength, reduce corrosion, and provide heat resistance.

ASARCO became partially liable for asbestos exposure linked to certain products manufactured with raw asbestos fibers supplied by LAQ. The ASARCO Asbestos Personal Injury Settlement Trust addresses claims where workers in specific occupations were exposed to products containing LAQ raw asbestos fibers. Compensation is limited to the LAQ share of liability for these products.

Through the ASARCO Asbestos Trust, ASARCO assumes responsibility for asbestos claims involving exposure to products containing raw asbestos fibers supplied by LAQ, including:

Who Was Most At-Risk for Asbestos Exposure?

Individuals who worked with asbestos products were at risk of developing different types of mesothelioma or other asbestos-related diseases. Family members of workers who were exposed to these asbestos products also faced the risk of secondary exposure.

Occupational Exposure

ASARCO employees involved in mining, handling, and processing raw asbestos fibers, as well as other tradesmen who worked in construction and industrial settings, were often exposed to asbestos. Despite growing evidence of health risks associated with asbestos exposure, workers were not properly warned or provided adequate protection when handling asbestos.

Occupations at greater risk of ASARCO asbestos exposure include:

Secondary Asbestos Exposure

Individuals who worked directly with ASARCO asbestos product may have unknowingly put their family members at risk of secondary asbestos exposure when carrying asbestos fibers home on their clothing, shoes, and hair. This exposure occurred through close contact with an individual covered in asbestos dust or while handling and washing contaminated clothing.

If you believe your mesothelioma diagnosis is related to secondary exposure, you may be eligible to file a claim through the ASARCO Asbestos Trust.

Understanding Your Legal Right to Compensation

Filing an ASARCO claim with the ASARCO Asbestos Trust requires specific documentation that complies with the Trust Distribution Procedures and filing deadlines.

An asbestos lawyer at ELSM will:

• Review your medical records to confirm your ASARCO asbestos claim eligibility.
• Collect your work history to identify asbestos exposure job sites.
• Connect your job sites to known ASARCO asbestos product exposure or obtain written testimony confirming asbestos product exposure associated with ASARCO.
• File your ASARCO claim correctly with the required documentation.
• Monitor ASARCO claim status and contact Trust administrators to ensure timely processing.

With decades of experience handling asbestos trust claims, ELSM Law has the knowledge to guide clients through the filing process and is dedicated to helping victims secure the compensation they deserve. Contact us today for a free case evaluation.

Frequently Asked Questions

How do I file an ASARCO claim through the ASARCO Asbestos Trust?

An ELSM Law asbestos attorney will evaluate your case and guide you through the mesothelioma claim process. They will prepare and submit the ASARCO claim form with all necessary documentation to the ASARCO Asbestos Trust.

Can a family member file an ASARCO Asbestos claim?

Yes, family members can file mesothelioma claims after death on behalf of their loved one. Additionally, individuals who developed mesothelioma or lung cancer after experiencing secondary asbestos exposure may qualify to file an ASARCO claim.

How much compensation can I receive through the ASARCO Asbestos Trust?

An ELSM Law asbestos lawyer will review your case to determine the appropriate review process to select when filing an ASARCO asbestos claim. A mesothelioma claim could receive a settlement between $59,500 and $315,000 based on the current ASARCO Asbestos Trust payment percentage.

How long do I have to file a claim with the ASARCO Asbestos Trust?

The deadline to file an ASARCO asbestos claim is determined by the ASARCO Asbestos Trust Distribution Procedures (TDP), not solely by state law. Individuals diagnosed after the ASARCO bankruptcy petition dates in April or August 2005 must file their claims within 3 years of the diagnosis, or within three years of the Trust’s Initial Filing Date of January 5, 2011, if the claim was already tolled. An ELSM Law asbestos attorney can review your case to determine the applicable statute of limitations and ensure your claim is filed on time.