What are my options when filing with the Trust?
You must choose between two types of claim filing processes: the Expedited Review or Individual Review Claim. Complete your choice of claim process on the Proof of Claim form, attach all required exposure...
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How do I file a claim?
A claimant must submit the appropriate, fully completed Claim Form, including...
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What materials are needed to file a claim?
In addition to a completed Claim Form, medical and exposure documentation supporting the alleged injury is required.
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Do I need an attorney to file my claim so I can be paid?
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.
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Can I file a claim electronically?
A claimant may file online using the Babcock & Wilcox website. To file a claim online, the user must register with the Trust by executing the Electronic Filer Agreement.
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What is the Individual Review (IR) election?
The Individual Review (IR) election 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 value...
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What is the Expedited Review (ER) election?
The Expedited Review (ER) election is designed primarily to provide an expeditious, efficient and inexpensive method of liquidating all claims (except those involving Lung Cancer 2 – Disease Level VI) where the claim can be easily verified as...
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Is there a deadline for submitting a claim form?
There is no deadline for submitting claims other than the requirements imposed by the applicable statutes of limitation or the notification and election of Trust processing prior to trial.
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What is the Statute of Limitations deadline?
The controlling guidelines for the Statute of Limitations are set forth in Section 5.1(a)(2) of the Trust Distribution Procedures (TDP). If the claim meets the tolling provisions described in Section 5.1(a)(2) of the TDP and the claim was not barred by the applicable federal, state, or foreign statute of limitation at the time of the tolling event, it will be treated as timely filed if it is actually filed with the Trust on or before January 17, 2010.
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How are claims assigned for review?
A claim is assigned for review based on the outlined schedule in the Asbestos Personal Injury Settlement Trust Distribution Procedures...
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When will my claim be reviewed?
The Trust will attempt to provide an initial response to the claimant within six months of receiving the claim form.
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What can I do if I don't know what Babcock & Wilcox product I was exposed to?
Unfortunately, the Trust cannot assist you with product information. The individual filing the claim is responsible for obtaining product information. Possible resources may be previous employers, job sites, unions, or purchase orders.
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Why are medical records I previously submitted unacceptable?
Most common explanations include the following: the records submitted do not give evidence that a physical exam was performed or there may not be a diagnosis for the injury that was alleged on the claim form.
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How do I respond to a claim deficiency?
You may send your reply to the Trust’s mailing address or you may enter your login identification to clear your deficiency on the web site.
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What happens to a claim that has an Administrative Hold?
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.
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Why is the chest x-ray I previously submitted unacceptable?
Most common explanations 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.
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What does it mean to defer a claim?
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. Deferral works as a placeholder for the claim in the Trust’s review queue.
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How do I defer a claim?
Claims can be deferred by written notification of the claimant's name and Social Security number and an expression of the claimant’s intent to defer the claim. Trust Online users can also defer individual claims by clicking the Defer button on the claim's general page.
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Is there a deadline when I must activate the deferred claim?
The Trust currently allows claims to be deferred for a period not to exceed three years without affecting the status of the claim for statute of limitations purposes, in which case the claimant shall also retain his or her original place in the FIFO Processing Queue.
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How do I activate a previously deferred claim?
You must notify the Trust in writing that you no longer want the claim deferred and forward any supporting documentation for the claim. The claim will be processed based on the initial date of receipt according to the Asbestos Personal Injury Settlement Trust Distribution Procedures. If you are a Trust Online user, you can un-defer a claim by clicking the Undefer Claim button found on the claim's General tab.
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How do I withdraw a claim?
You can withdraw a claim by submitting a written notification requesting the claim to be withdrawn. Trust Online user can withdraw claims individually by clicking on the Withdraw Claim button found on the claim's General tab.
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What happens if the injured party died after the claim was filed?
The trust needs to know the identity of the person who will act on behalf of the deceased injured person. Send the name and Social Security number of the personal representative and a copy of the injured party’s death certificate.
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How can I request B&W claimant Information?
Third-parties should not submit requests regarding claimant submissions by e-mail or by telephone to the Delaware Claims Facility or the Trust. Due to the confidential nature of claim submissions, such information can only be provided to a verified claimant or that verified claimant’s counsel. If a third-party request is submitted to the Delaware Claims Facility or the Trust by e-mail or telephone, neither will respond.
How can I file an Exigent Hardship Claim?
Section 5.4(b) of the TDP states: “At any time the PI Trust may liquidate and pay PI Trust Claims that qualify as Exigent Hardship Claims…..
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Do I need to file an Economic Loss Report?
In determining the value of an Individual Review claim, Section 5.3(b)(2) of the Trust Distribution Procedures requires the Trust to consider factors such as the claimant’s age, disability, employment status, and disruption of household…..
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When was The Babcock & Wilcox Asbestos Trust formed?
The Babcock & Wilcox Asbestos Trust was created February 22, 2006 as a result of the confirmation of The Babcock & Wilcox Company ("B&W") Chapter 11 Joint Plan of...
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What is The Babcock & Wilcox Asbestos Trust?
The Babcock & Wilcox Asbestos Trust is organized to settle all valid asbestos personal injury claims against defendants and certain related protected parties...
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How can I learn more about the Trust?
The Babcock & Wilcox website contains information to assist claimants and others in understanding how the Trust resolves claims.
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