In 2006, the C.E. Thurston & Sons Asbestos Trust was formed as a result of the company filing for bankruptcy after facing thousands of lawsuits for asbestos exposure. From 1919 until the late 1970s, C.E. Thurston & Sons distributed, installed, repaired and removed asbestos insulation products. Allowing workers to handle asbestos despite its known health risks can enable these workers to recover financial compensation today through the company’s trust fund.
Find out if you are eligible to file a claim with the asbestos personal injury trust by contacting Bailey & Glasser, LLP. Our asbestos attorneys offer free case consultations.
The Dangers of Being Exposed to Asbestos-Containing Products
Asbestos is a group of minerals that naturally occur in rock and soil. Due to its ability to resist heat, chemicals and corrosion (as well as its easy availability and low price), asbestos was used in thousands of consumer products until around 1980. If asbestos fibers or asbestos dust enter the air, anyone in the vicinity is at risk of dangerous asbestos exposure. Inhaling or ingesting asbestos particles can cause significant illnesses due to fibers becoming lodged within the body, including mesothelioma – an aggressive and terminal type of cancer.
Asbestos Exposure Connected to C.E. Thurston & Sons
Unlike most companies that established asbestos trust funds to pay victims of asbestos exposure, C.E. Thurston & Sons was not a manufacturer of asbestos products. Instead, it faced liability for exposing its workers to asbestos on the job, which involved the installation and removal of asbestos-containing insulation. Thurston allowed its workers to handle asbestos products created by other companies despite known health risks.
Thurston distributed and installed asbestos insulation materials across 13 states as a contractor, including Virginia, West Virginia, North Carolina and South Carolina. The primary points of asbestos exposure for Thurston employees were the eastern seaboard and shipyards in Virginia. The C.E. Thurston Trust has an approved site list with known asbestos exposure locations, including DuPont, American Tobacco Co., VEPCO, Dow Chemical, Hercules Inc. and the Naval Station Norfolk.
What Is the C.E. Thurston & Sons Asbestos Trust?
In 1985, C.E. Thurston & Sons joined 33 other companies in the Wellington Agreement, which was created to manage asbestos claims that the companies were facing. This agreement dissolved after two years and was followed by a similar entity known as the Center for Claims Resolution. This entity operated until 2001, at which point Thurston handled asbestos litigation on its own for two years until filing for bankruptcy in 2003.
As part of the company’s Chapter 11 bankruptcy restructuring, Thurston created the C.E. Thurston & Sons Asbestos Trust in 2006. This trust was initially funded with $53 million in assets to pay victims of asbestos exposure. The trust has five established disease levels, with available compensation ranging from a maximum of $500 for nonmalignant asbestos disease to $50,000 for mesothelioma. The trust currently pays 50 percent of successful claims, which is considered high compared to other asbestos trust funds.
Who Is Eligible for Compensation From the C.E. Thurston Trust?
To be eligible for financial compensation from the trust, an individual must meet medical and asbestos exposure requirements. The claimant must have credible evidence of an asbestos-related medical diagnosis and exposure to asbestos through Thurston. This typically means occupational exposure while working for C.E. Thurston & Sons prior to 1982.
At-risk workers include:
- Chemical plant workers
- Construction workers
- Contractors
- Industrial workers
- Insulators
- Manufacturing plant workers
- Maritime industry employees
- Members of the military (especially the Navy)
- Paper mill workers
- Power plant workers
- Railway workers
- Shipbuilders
- Shipyard workers
In addition, family and household members of Thurston workers could be at risk of secondary asbestos exposure. This occurs when a worker carries asbestos particles or dust home on his or her clothing, hair, skin or shoes. If a Thurston worker did not have the opportunity to change before coming home, his or her spouse, children and other loved ones could be exposed to asbestos.
How to File a Claim With the C.E. Thurston Trust
If you wish to file a claim with the C.E. Thurston & Sons Asbestos Trust, start by hiring a mesothelioma attorney. An attorney can help you and your family with the claims process, which can be lengthy and confusing. Claimants need to properly fill out and submit the required Claim Form, along with supporting documentation.
Supporting documents include medical records proving an asbestos-related illness or injury, such as mesothelioma or lung cancer. If the claim is seeking compensation for a deceased loved one, it must be accompanied by a death certificate. The claim must also be supported by evidence of asbestos exposure through C.E. Thurston & Sons, such as occupational exposure at an approved asbestos worksite.
Only an expedited review is available from the Thurston Asbestos Trust. Unlike most other asbestos trust funds, a more in-depth individual review is not an option. The trust will only review claims that are based on its established disease levels: mesothelioma (Level V), lung cancer (Level IV), other cancer (Level III), disabling severe asbestosis (Level II) and nonmalignant disease (Level I). In general, the claim must include a letter from a physician stating that the claimant’s asbestos exposure occurred at least 10 years prior to the diagnosis.
What Types of Compensation Are Available?
An asbestos trust fund provides a way for victims to recover financial compensation for several losses associated with their asbestos-related illnesses. This includes costly mesothelioma treatments, which can total around $132,000 to $144,000 per year, on average, according to the National Library of Medicine.
The compensation available could pay for the following:
- Past and future required medical care
- Disability-associated costs
- Lost wages and lost future capacity to earn
- Funeral and burial costs, if applicable
A claimant can receive a trust fund payout without having to prove negligence, or a company’s failure to exercise ordinary care. However, it may also be possible to file a mesothelioma lawsuit in pursuit of greater compensation, such as for pain and suffering, if there is proof that the company knowingly or carelessly failed to protect workers from known health risks.
Request a Free Mesothelioma Case Review at Bailey & Glasser, LLP
C.E. Thurston & Sons is responsible for exposing thousands of workers to asbestos-containing products, including insulation used in residential and commercial buildings. If you or a loved one worked for Thurston, you may be eligible for compensation from the C.E. Thurston & Sons Asbestos Trust for an asbestos-related illness or injury. Contact Bailey & Glasser, LLP today for a free consultation about your case. Call (866) 871-7971.