Asbestos litigation has been a significant issue for decades, with numerous companies facing lawsuits due to the harmful effects of asbestos exposure. One such company was AP Green Industries, a manufacturer of refractory products that often contained asbestos. To resolve the overwhelming number of asbestos-related claims, the AP Green Asbestos Trust was established.
AP Green Industries
AP Green Industries, founded in 1910 by Allen Percival Green, was a prominent manufacturer of refractory products. These materials are used in industries that require heat-resistant linings for furnaces, kilns, and other high-temperature environments, such as steelmaking, glass production, and power plants. The company, headquartered in Mexico, Missouri, became one of the largest producers of refractory materials in the United States.
Why Was Asbestos Used by AP Green Industries?
AP Green Industries specialized in creating heat-resistant materials, including firebrick, mortars, and castables. These products were essential in industries where extreme heat was present, as they protected equipment and structures from melting or deforming under high temperatures.
Unfortunately, many of these refractory products contained asbestos, a mineral that was widely used because of its heat-resistant properties. Asbestos was incorporated into various AP Green products to enhance durability and thermal protection.
What is the AP Green Asbestos Trust?
The AP Green Asbestos Trust was created in 2013 as part of the bankruptcy reorganization of AP Green Industries. The company, founded in 1910, was a major producer of refractory materials, which are used to line high-temperature industrial furnaces. Unfortunately, many of these products contained asbestos, a toxic mineral known for its heat resistance but also its link to serious health conditions like mesothelioma, lung cancer, and asbestosis.
The trust’s purpose is to compensate individuals harmed by exposure to asbestos-containing products made by AP Green Industries. By establishing the trust, the company was able to exit bankruptcy, and the trust took on the responsibility of managing and paying out claims.
Who Can Make a Claim?
The AP Green Asbestos Trust was established to compensate individuals who were exposed to asbestos through the company’s products and later developed asbestos-related illnesses. Filing a claim requires meeting specific eligibility criteria, which include proving exposure to AP Green’s asbestos-containing products and demonstrating a related medical diagnosis.
Here are the main categories of people who can file claims:
- Workers Directly Exposed to AP Green Products: Individuals who worked in industries where AP Green’s asbestos-containing refractory products were used are eligible to make a claim.
- Family Members of Workers: Family members of workers can also file claims if they experienced secondary asbestos exposure. This type of exposure occurs when workers unknowingly brought asbestos fibers home on their clothing, hair, or tools, which then affected their families.
- People Living or Working Near Approved Exposure Sites: Individuals who lived or worked near a location where AP Green’s asbestos products were used might have been exposed to asbestos fibers in the surrounding environment. This includes those in nearby offices or homes that were impacted by asbestos dust generated by industrial facilities.
- Estate Representatives: If a person who was exposed to asbestos and developed an asbestos-related illness has passed away, the representative of their estate can file a claim on their behalf.
The Approved Sites List
To file a claim, it is crucial to establish that you were exposed to asbestos at an approved site where AP Green’s products were used. The Approved Sites List includes specific locations where AP Green’s asbestos-containing products were known to have been installed, maintained, or removed.
These sites typically fall into the following categories:
- Industrial and Manufacturing Facilities: AP Green’s refractory products were widely used in industries like steelmaking, foundries, glass production, and power generation. Common types of facilities include:
Steel mills
Refineries
Chemical plants
Power plants
Glass manufacturing facilities
- Construction Sites: Asbestos products were used in the construction of various buildings. Commercial and residential construction workers who installed or removed asbestos materials are eligible to file claims.
- Shipyards: Shipbuilding and maintenance operations often used AP Green’s asbestos-containing products to insulate ships’ boilers, pipes, and other high-heat equipment. Shipyard workers exposed to these materials can make a claim.
- Military Bases and Government Sites: AP Green’s asbestos products were also used in some military installations and government facilities, primarily in areas requiring heat-resistant materials.
- Residential Properties: Some residential homes built or renovated when asbestos-containing products were prevalent may qualify if the homeowner or a contractor was exposed during construction.
How to Check the Approved Sites List
Claimants must provide evidence that they worked at or near an approved site where AP Green’s asbestos products were used. The trust provides an Approved Sites List, which can be checked when preparing to file a claim. The list includes locations across various states and industries where asbestos exposure is confirmed.
If your exposure site is on this list, it simplifies the claims process, as it is considered a verified location where asbestos-containing materials from AP Green were used. If your site is not on the list, you may still file a claim, but additional proof of exposure will be required.
How Does the AP Green Asbestos Trust Work?
To file a claim with the AP Green Asbestos Trust, claimants must provide:
- Proof of Exposure: Documented evidence that they worked with or near asbestos-containing products manufactured by AP Green. This could include employment records, affidavits, or other verifiable information proving exposure at an approved site.
- Medical Diagnosis: Claimants must submit medical documentation proving that they have been diagnosed with an asbestos-related illness, such as mesothelioma, lung cancer, or asbestosis.
The AP Green Asbestos Trust offers two methods for reviewing claims:
- Expedited Review: This process is faster and follows a predetermined schedule of values based on the disease and other factors. Claimants opting for expedited review will receive compensation based on a fixed payout system for each disease category. However, the payout may be lower than under the individual review process.
- Individual Review: This option allows for a more detailed examination of the claimant’s case. Factors such as the level of asbestos exposure, the severity of the illness, and the claimant’s age and life expectancy are taken into consideration. This process can result in higher compensation but may take longer than the expedited review.
Payment Percentages
Because the AP Green Asbestos Trust has a limited pool of funds, it cannot pay claimants the full value of their claims. Instead, it uses payment percentages to distribute the available funds to ensure future claimants receive compensation.
What is a Payment Percentage?
A payment percentage is the portion of the approved claim amount the trust will pay. For example, if a claim is valued at $100,000 and the payment percentage is 25%, the claimant will receive $25,000.
Why Are Payment Percentages Used?
Payment percentages ensure that the trust has enough funds to compensate current and future claimants. Since the trust must handle thousands of claims over many years, this mechanism allows it to preserve funds for claimants who may come forward in the future. The payment percentage may be adjusted over time, depending on the financial health of the trust and the number of claims being filed.
How Is the Payment Percentage Determined?
The trustees overseeing the AP Green Asbestos Trust set the payment percentage based on factors such as:
- The total amount of funds in the trust.
- The number of current claims filed.
- The projected number of future claims.
- The expected payout for each claim.
As of September 22, 2023, the payment percentage for the AP Green Asbestos Trust has been set at 5.3%. However, this percentage may vary depending on the trust’s financial situation at any given time.
Seeking Legal Assistance
If you or a loved one has been affected by asbestos exposure from AP Green products, don’t wait to seek the compensation you deserve. The AP Green Asbestos Trust is here to help, but navigating the claims process can be complex. At Bailey Glasser, our experienced attorneys are ready to guide you every step of the way.
Contact us today at (866) 871-7971 or fill out our online form for a free consultation. We’ll help you understand your options and fight for the compensation you’re entitled to. Time may be limited, so take action now!
