Claim Filing (11)
You must choose between two types of claim filing processes: the Expedited Review or Individual Review. Complete your choice of claim process on the Proof of Claim form, attach all required exposure and medical documentation, and return it to the Trust. A Claimant must submit the appropriate, fully completed Claim Form, including all supporting information referenced in the form. A Claimant may file online using the Trust Online website. Individuals wishing to file online may download the Electronic Filer Agreement from the website. Any claim filing, whether electronic or on paper, that is not complete or is missing any of the required information will not be processed until it is completed by the Claimant.
A Claimant must submit the appropriate, fully completed Claim Form, including all supporting information referenced in the form. You may request a claim package from the Trust by calling the HelpLine at (800) 941-6889 or download and print the claim forms from the “Documents” section of this website. You must complete the form, choose the applicable claim process and send it to the Trust’s mailing address.
You may choose only one option for a claim, but the option selected for a claimant’s HAL claim does not generally have to the be the same as the option selected for the claimant’s HW claim. However, certain types of claims such as Foreign or Secondary Exposure claims may only be filed and processed as IR claims.
In addition to a completed Claim Form, medical and exposure documentation supporting the alleged injury is required. The Trust Distribution Procedures provide specifics on what medical and exposure documentation is needed for your claim submission.
No. Any individual with a valid asbestos-related injury can file a claim. The Trust cannot provide guidance on whether you should obtain an attorney or file on your own.
A claimant may file online using the DII Asbestos Trust website. To file a claim online, the user must first register with the Trust by executing and submitting the Electronic Filer Agreement.
To access Trust Online, the user need only register with the Trust by executing the Electronic Filer Agreement, which also governs the terms of the user’s access.
Individual Review (IR) is designed for claimants that do not meet the presumptive medical and/or exposure criteria, or claimants alleging Disease Levels IV, V, VII, and VIII who seek to establish a Liquidated Amount for the claim that is greater than its Scheduled Value in the Expedited Review (ER) process. IR provides a claimant with a thorough consideration and evaluation of all aspects of his or her claim. In the case of Disease Levels IV, V, VII, and VIII, payments may be either greater or less than the ER payment that a claimant might have received.
Expedited Review (ER) is designed primarily to provide an expeditious, efficient and inexpensive method of liquidating all claims (except those involving Lung Cancer 2 – Disease Level VI, Foreign Claims, and Indirect Claims) where the claim can be easily verified as meeting presumptive medical and exposure criteria. The ER method thus provides claimants with a substantially less burdensome process for pursuing claim than does Individual Review. This process is also intended to provide qualifying claimants with fixed and certain claim payments.
Yes, all documents submitted to the Trust, including but not limited to the claim form, medical records and exposure documents must be in English. Materials submitted in any other language will not be reviewed by the Trust.
The total value of a claim will be determined by the Trust and referred to as the Liquidated Amount. This is the amount you will see on the release, but not necessarily the amount you will be paid. The payment amount is determined by multiplying the Liquidated Amount by the Payment Percentage in effect at the time the claim is paid.
Deferral is an appropriate election when a claim is pressing against a statute of limitation, but the claim is not ready to review because it is missing necessary documentation.
A claim may be deferred up to three (3) years.
You may send your reply to the Trust’s mailing address. Please remember to retain a copy of any and all documents you submit to the Trust.
The claim cannot be processed until the Administrative Hold is removed by the Trust. You may contact the Trust for more information about why your claim was placed on Administrative Hold.
After the Trust receives your response, it is processed in a First In First Out (FIFO) order, similar to when your claim was first received. Your response is then reviewed in the order it was received. The Trust is unable to say how long it will take to re-review a claim once cures to deficiencies have been submitted.
When I am supplementing claim information or responding to a deficiency, do I need to resubmit the claim form?
No, you do not need to resubmit the claim form. Rather, please send only the additional information/documentation and include the injured party’s name and last four digits of their Social Security number.
Most common explanation include the following: the physician failed to specify the distribution of his/her findings or the findings on the most recently dated chest x-ray are unilateral.
Other Claim Related Questions (4)
Can I research my claims online using the claim number assigned by our law firm rather than the DII Asbestos Trust claim number?
Yes, you can enter the firm’s file number online to use for research purposes.
The Trust will need to know the identity of the person who will act on behalf of the deceased. Please submit to the Trust or Trust Online the Injured Party’s death certificate, the name of the Personal Representative, and the necessary documentation evidencing the Personal Representative’s authority to pursue the claim with the Trust.
The Trust can only provide information about a claim to the authorized representative that appears on the claim form. If an attorney represents you, then he/she is the authorized representative of your claim.
An attorney does not represent me; can I appoint another person to contact the Trust with questions about my claim?
The Trust cannot release information about your claim to anyone other than the authorized representative unless you provide written authorization for a “Contact” person.
A claim is assigned for review based on the outlined schedule in the Trust Distribution Procedures and is randomly assigned to a claim reviewer, ensuring that each claim receives unbiased treatment.
The Trust will attempt to provide an initial response to the claimant within six months of receiving the claim form.
The physician has noted the Injured Party’s shortness of breath and need for oxygen. Is the Pulmonary Function Testing still required to qualify for Severe Asbestosis (Level IV) or Asbestosis/Pleural Disease (Level III)?
Yes, Trust Distribution Procedures require PFT reports to support these diseases.
The Trust Distribution Procedures require a physical exam. The Trust will accept hospital records or a physician’s review of another doctor’s records.
The individual filing the claim is responsible for obtaining product information.
The Trust will not use a report from a physician or screening facility provided on the Trust’s Unacceptable Doctors and Facilities list for the date of diagnosis to determine the applicable statute of limitations as long as the claim was filed no later than June 30, 2012. This exception applies only to diagnosis by a physician or screening facility on the Unacceptable Doctors and Facilities list and not to any other diagnoses an Injured Party may receive. This policy and list may be changed at the discretion of the Trustees.
DII Asbestos Trust Related Questions (2)
You can speak with an individual at the Trust by calling our toll free HelpLine at (800) 941-6889. Monday – Friday 8:00 AM to 4:30 PM CST.
To obtain the TDP, simply download a copy at the Trust Documents section of this website, or you can contact the Trust’s HelpLine at (800) 941-6889 and request a copy, which we will mail to you.
Law Firm Name and Address Changes (2)
When a law firm has changed its address, the Trust must be notified in writing. Notice by email is not acceptable.
When a law firm changes its name, the Trust must be notified in writing. Any notice must be on the law firm’s letterhead and contain the signature of the Managing Partner of the firm.