Babcock and Wilcox Asbestos Trust

Babcock & Wilcox Asbestos PI Trust
524(g) trust for B&W asbestos exposure claims (verified 2026-05-12)
Current payment percentage	4.7% (eff. Nov 7, 2024; reconsideration notice issued May 7, 2026)
Mesothelioma scheduled value (ER)	$90,000 (TDP §5.3(a)(3))
Estimated ER payout at 4.7% (mesothelioma)	~$4,230 ($90,000 × 0.047)
Lung Cancer 1 scheduled value (ER)	$35,000 (TDP §5.3(a)(3))
Individual Review (IR) maximum value	$400,000 (TDP §5.3(b)(3))
Initial trust funding (2006)	$1.845 billion
Bankruptcy case	In re Babcock & Wilcox Co., No. 00-10992 (Bankr. E.D. La., filed Feb. 22, 2000)
Trust creation date	February 22, 2006
Claims accepted from	July 17, 2006 (10:00 AM EST)
Governing document	Amended TDP, December 2, 2015
Approved site list required?	Yes (updated October 28, 2025)
Trust contact	800-708-8925 · claimantrelations@delcpf.com
Free claim review	Danziger & De Llano · (855) 699-5441

Executive Summary

The Babcock & Wilcox Asbestos Personal Injury Settlement Trust ("the B&W Trust") is a Section 524(g) bankruptcy trust established on February 22, 2006 following Chapter 11 reorganization of The Babcock & Wilcox Company and three affiliated debtors (Diamond Power International Inc., Babcock & Wilcox Construction Co. Inc., and Americon Inc.). The underlying bankruptcy was In re Babcock & Wilcox Co., No. 00-10992 (Bankr. E.D. La., filed Feb. 22, 2000), presided over by Bankruptcy Judge Jerry A. Brown of the U.S. Bankruptcy Court for the Eastern District of Louisiana. The trust began accepting claims on July 17, 2006 at 10:00 AM EST under the Amended Trust Distribution Procedures (TDP) dated December 2, 2015.

The trust was funded with $1.845 billion in initial assets and pays asbestos personal-injury claims under a scheduled-value × payment-percentage formula. The current payment percentage is 4.7% (effective November 7, 2024). On May 7, 2026 the Trustees issued a Notice of Reconsideration of Payment Percentage under TDP Section 4.2, which requires reconsideration of the payment percentage no less frequently than once every three years. Per the notice, the Trustees cannot redetermine a new rate less than 30 days from May 7, 2026 — the earliest effective date for any revised rate is June 6, 2026. The 4.7% rate remains in effect for both Expedited Review (ER) scheduled values and Individual Review (IR) gross settlement values until a new rate is adopted. If a higher rate is later adopted, supplemental payments are owed to claimants who were paid at the lower rate.

The trust's eligible claimant population is heavily weighted toward U.S. Navy veterans (B&W boilers and pressure equipment were widely installed on Navy vessels), commercial and Naval shipyard workers, boilermakers, pipefitters, and welders working in power-generation facilities, and Navy / Seabee personnel assigned to engineering plants. The trust's Significant Occupational Exposure (SOE) Rating list, last updated December 19, 2011, defines qualifying occupations and industries. Danziger & De Llano represents Navy veterans and shipyard workers nationwide in B&W trust filings and coordinates parallel civil lawsuits and VA disability claims — call (855) 699-5441 for a free trust eligibility review.

At a Glance

• Bankruptcy filing: February 22, 2000 in the U.S. Bankruptcy Court for the Eastern District of Louisiana, In re Babcock & Wilcox Co., No. 00-10992; lead debtor B&W Company with three affiliates (Diamond Power International 00-10993, B&W Construction 00-10994, Americon 00-10995).
• Trust effective February 22, 2006; claims accepted from July 17, 2006. Governing document: Revised Trust Distribution Procedures, December 2, 2015. Trustees, claim portal, and claimant relations are administered by Delaware Claims Processing Facility.
• Initial trust funding: $1.845 billion from B&W's reorganization plan; trust assets continue to be administered under the Section 524(g) channeling injunction that bars further direct litigation against the reorganized debtors.
• Current payment percentage: 4.7% (effective November 7, 2024). May 7, 2026 reconsideration notice issued; earliest effective date for any new rate is June 6, 2026. ANCHOR confirms the rate as 4.7% as of 2026-05-12.
• Mesothelioma Expedited Review scheduled value: $90,000 (TDP §5.3(a)(3)). At the current 4.7% payment percentage, an Expedited Review mesothelioma claim pays approximately $4,230.
• Individual Review maximum value: $400,000 (TDP §5.3(b)(3)) — applies to claims processed under IR rather than ER, where individualized evaluation of exposure, damages, and earnings supports higher payouts.
• Eligibility under TDP §5.7(b)(3): Claims are payable for asbestos-related disease caused by exposure to "asbestos or asbestos-containing products (including boilers) supplied, specified, manufactured, installed, maintained, or repaired by B&W."
• Significant Occupational Exposure (TDP §5.7(b)(2)) requires "employment for a cumulative period of at least five (5) years with a minimum of two (2) years prior to December 31, 1982, in an industry and an occupation" in which the claimant handled, fabricated, altered, repaired, or worked in close proximity to asbestos-containing products.
• Approved site list required. Claim eligibility depends on the claimant's documented exposure at a B&W-approved site. The site list was updated October 28, 2025; the current list is available at bwasbestostrust.com.
• Trust contact: Babcock & Wilcox Asbestos Personal Injury Settlement Trust, c/o Delaware Claims Processing Facility, 800-708-8925 / claimantrelations@delcpf.com.

What Is the Babcock & Wilcox Asbestos Trust?

The Babcock & Wilcox Asbestos Personal Injury Settlement Trust is a Section 524(g) bankruptcy trust established to administer and pay asbestos personal-injury and wrongful-death claims arising from exposure to asbestos-containing products supplied, specified, manufactured, installed, maintained, or repaired by The Babcock & Wilcox Company and its affiliated debtors. Under Section 524(g) of the U.S. Bankruptcy Code, the trust receives the legal authority to channel asbestos liability away from the reorganized debtors — meaning eligible claimants file with the trust rather than suing B&W directly. See Section_524(g)_Bankruptcy_Trusts for the broader 524(g) framework and Asbestos_Trust_Funds for the full active-trust list.

B&W is a major historical supplier of boilers and pressure-vessel equipment to the U.S. Navy, commercial shipping, and the power-generation industry. The TDP's eligibility scope is anchored explicitly on "asbestos or asbestos-containing products (including boilers) supplied, specified, manufactured, installed, maintained, or repaired by B&W" — the inclusion of boilers in the definitional clause is a critical hook for Navy veterans and shipyard workers whose service-era exposure occurred in proximity to B&W marine and stationary boilers.

When Did the Babcock & Wilcox Bankruptcy and Trust Formation Happen?

The Babcock & Wilcox Company filed for Chapter 11 bankruptcy protection on February 22, 2000 in the U.S. Bankruptcy Court for the Eastern District of Louisiana. The case is captioned In re Babcock & Wilcox Co., No. 00-10992 (Bankr. E.D. La.), and was presided over by Bankruptcy Judge Jerry A. Brown. Three affiliated debtors filed contemporaneously:

• Diamond Power International Inc. — No. 00-10993
• Babcock & Wilcox Construction Co. Inc. — No. 00-10994
• Americon Inc. — No. 00-10995

After a multi-year reorganization process, the Chapter 11 Joint Plan of Reorganization established The Babcock & Wilcox Company Asbestos Personal Injury Settlement Trust, which became effective February 22, 2006. The trust began accepting claims on July 17, 2006 at 10:00 AM EST. The current governing instrument is the Revised Trust Distribution Procedures (TDP), dated December 2, 2015, which sets out disease categories, scheduled values, payment percentages, eligibility criteria, and processing rules. The trust was initially funded with $1.845 billion from the reorganization plan, and its assets continue to be administered under the Section 524(g) channeling injunction that bars further direct litigation against the reorganized debtors.

How Much Does the Babcock & Wilcox Trust Pay for Mesothelioma?

The B&W Trust pays mesothelioma claims using the standard 524(g) scheduled-value × payment-percentage formula. Two review tracks are available:

Expedited Review (ER). Most claims are processed via Expedited Review, which evaluates the claim against the TDP's scheduled values and pays the resulting amount × the current payment percentage. The Mesothelioma (Disease Level VIII) Expedited Review scheduled value under TDP §5.3(a)(3) is $90,000. At the current 4.7% payment percentage, an ER mesothelioma claim pays approximately $4,230 ($90,000 × 0.047). The Lung Cancer 1 (Disease Level VII) ER scheduled value is $35,000, paying approximately $1,645 at the current rate.

Individual Review (IR). Claimants whose damages, exposure history, or earnings exceed the ER scheduled value may elect Individual Review, in which the trust evaluates the claim individually and pays a settlement based on the claim-specific assessment. The IR maximum value for mesothelioma is $400,000 under TDP §5.3(b)(3); the actual payout is the assessed value × the current payment percentage. Individual Review takes longer than Expedited Review but is appropriate for claims with significant economic damages, multi-employer exposure histories, or other claim-specific factors.

Payment percentage history. The 4.7% rate has been in effect since November 7, 2024. On May 7, 2026 the Trustees issued a Notice of Reconsideration of Payment Percentage under TDP Section 4.2 — which requires reconsideration "no less frequently than once every three years." The Trustees cannot redetermine a new rate less than 30 days from May 7, 2026, meaning the earliest effective date for a revised rate is June 6, 2026. Until a new rate is adopted, the 4.7% rate continues to apply. If a higher rate is later adopted, supplemental payments are owed to claimants paid at the lower rate. ANCHOR confirms the rate as 4.7% as of 2026-05-12.

The B&W payouts are typically one of many trust recoveries in a mesothelioma claimant's overall trust portfolio. Veterans and shipyard workers with documented service-era exposure to multiple bankrupt manufacturers typically file with 10 or more 524(g) trusts. See Asbestos_Trust_Funds for the full active-trust list and combined-recovery framework. Danziger & De Llano coordinates B&W trust filings alongside VA disability claims and civil lawsuits from a single intake.

Who Is Eligible to File a Claim with the Babcock & Wilcox Trust?

Eligibility rests on three elements: a qualifying asbestos-related disease, exposure to B&W-supplied or B&W-installed asbestos-containing products, and either Significant Occupational Exposure (SOE) at an approved site or a qualifying individual-review showing.

1. Qualifying disease. The TDP recognizes a tiered disease schedule including mesothelioma (Disease Level VIII), asbestos-related lung cancer (Levels VI and VII), other asbestos-related cancers, asbestosis (Level IV / V depending on impairment), and pleural disease (Level II / III). Pathology and medical documentation are required for each level.

2. Exposure to B&W products. Per TDP §5.7(b)(3), claims are payable for disease caused by exposure to "asbestos or asbestos-containing products (including boilers) supplied, specified, manufactured, installed, maintained, or repaired by B&W." The trust's Approved Site List identifies the facilities at which qualifying B&W exposure is recognized — the current list was updated October 28, 2025 and is published at bwasbestostrust.com. A claimant must document exposure at one or more sites on this list.

3. Significant Occupational Exposure. TDP §5.7(b)(2) defines SOE as "employment for a cumulative period of at least five (5) years with a minimum of two (2) years prior to December 31, 1982, in an industry and an occupation in which the claimant (a) handled raw asbestos fibers on a regular basis; (b) fabricated asbestos-containing products...; (c) altered, repaired or otherwise worked with an asbestos-containing product...; or (d) worked in close proximity to workers engaged in the activities described in (a), (b) and/or (c)." Secondary-exposure (household contact) claims are supported under the TDP's broad definition.

High-priority occupational categories. The trust's Significant Occupational Exposure Rating list (updated December 19, 2011, available at bwasbestostrust.com) identifies the qualifying occupations and industries. The categories most-represented in B&W claim filings are:

• Boilermakers, pipefitters, machinists, welders, electricians, carpenters, riggers, and inspectors (construction trades)
• Shipyard workers — industry classifications "Shipyard — Construction/Repair" and "Maritime"
• Navy veterans — industry classification "Military" (the highest-priority category for B&W trust eligibility because B&W boilers and pressure vessels were widely installed on Navy vessels)
• Power-plant and utility workers
• Chemical / Petrochemical and Iron & Steel industry classifications
• Secondary-exposure family members under the TDP's broad definition

See Veterans_Asbestos_Exposure for branch-by-branch military exposure profiles, Boilermakers for the boilermaker trade exposure history, and Shipyard_Workers for shipyard exposure context.

How Do I File a Babcock & Wilcox Trust Claim?

The B&W Trust accepts claims through the Delaware Claims Processing Facility under the procedures set out in the Revised TDP (December 2, 2015). The process is paper- and document-based — no court appearances are required.

Step 1 — Establish the disease diagnosis. Obtain pathology and medical records confirming the asbestos-related disease (typically mesothelioma, asbestos-related lung cancer, or asbestosis). The trust's medical-evidence requirements vary by disease level under TDP §5.3.

Step 2 — Document the B&W exposure. Identify the qualifying sites and the products involved. Documentation may include employment records, union records (boilermaker, pipefitter, IBEW), Social Security earnings records, DD-214 and Navy service records, deck logs and ship's manifest (for Navy / shipyard workers), and co-worker affidavits attesting to B&W product use at the work site. The site must appear on the trust's Approved Site List (updated October 28, 2025).

Step 3 — Choose Expedited Review or Individual Review. Most claimants elect Expedited Review for faster processing; Individual Review is appropriate for high-value or claim-specific cases. The choice affects timeline and the type of evidence required.

Step 4 — Submit the claim through the Delaware Claims Processing Facility. Contact: 800-708-8925 or claimantrelations@delcpf.com. Most experienced asbestos plaintiffs' firms file electronically and coordinate with the DCPF on the documentation packet.

Step 5 — Receive the trust's evaluation and payment. Once the claim clears review, the trust pays the scheduled value × the current payment percentage (ER) or the individualized assessment × payment percentage (IR). Payment timeline depends on review type and trust processing capacity at the time of filing.

Statute of limitations note. Trust filing deadlines are governed by the TDP — not by state statutes of limitations. Most TDPs require claims within 2–3 years of diagnosis or death. The trust operates under federal bankruptcy law (11 U.S.C. §524(g)) and the trust calendar runs independently of any civil-lawsuit calendar.

Coordination with VA disability and civil lawsuits. Most B&W claimants — particularly Navy veterans and shipyard workers — file additional pathways in parallel. Trust filings do not offset VA disability benefits, and civil lawsuits against solvent asbestos manufacturers (whose products were installed alongside B&W's) can substantially increase total recovery. See Veterans_Mesothelioma_Claims for the multi-pathway compensation framework and Veterans_Asbestos_Claims for the filing-mechanics companion page.

Can Navy Veterans File Claims with the Babcock & Wilcox Trust?

Yes — Navy veterans are among the highest-priority claimant categories at the B&W Trust. B&W's historical role as a major supplier of boilers and pressure equipment to the U.S. Navy means a significant share of mid-20th-century U.S. Navy vessels — destroyers, cruisers, frigates, carriers, submarines, and auxiliaries — were equipped with B&W marine boilers. Asbestos was used throughout the engineering plant for thermal insulation, lagging, gaskets, packing, and bulkhead lining. Navy personnel in boiler-room, engine-room, and other engineering-plant assignments were chronically exposed.

Highest-eligibility Navy ratings and MOS:

• Boilermen / Boiler Technicians (BT) — operated the boilers themselves
• Machinist's Mates (MM) — engineering-plant operation
• Pipefitters / Damage Controlmen (DC) — engineering-plant maintenance
• Hull Maintenance Technicians (HT) / shipfitters — structural and bulkhead work
• Electricians (EM) working in engineering spaces near insulation
• Engineering Officers and Chief Engineers
• Seabees (Construction Battalion) — base and facility construction
• Pipefitters, boilermakers, and electricians employed at Navy public shipyards (Brooklyn, Boston, Mare Island, Long Beach, Norfolk, Pearl Harbor, Philadelphia, Portsmouth, Puget Sound, San Diego)

Navy veterans typically file three parallel claim types: VA disability (active mesothelioma is rated 100%; service connection is presumptive for documented engineering-plant assignments), B&W trust claim plus other 524(g) trust claims (Johns-Manville, Owens Corning, Combustion Engineering, and others supplied components installed alongside B&W boilers), and civil lawsuits against solvent private manufacturers whose products contributed to the exposure. The three tracks do not offset each other — the Feres doctrine bars suits against the U.S. military but does not protect private manufacturers. See Veterans_Mesothelioma_Claims for the full five-program compensation framework.

Danziger & De Llano represents Navy veterans nationwide in B&W trust filings and coordinates parallel VA and civil-court actions. Call (855) 699-5441 for a free veteran case evaluation.

What Is the Difference Between Expedited Review and Individual Review at the B&W Trust?

Both review tracks pay claims under the same Actual Payout = Scheduled Value × Payment Percentage formula, but they differ on evidence requirements, timeline, and the maximum recoverable amount.

Dimension	Expedited Review (ER)	Individual Review (IR)
Evaluation method	Claim measured against TDP scheduled values	Claim evaluated individually based on exposure, damages, and earnings
Mesothelioma value	$90,000 scheduled value (TDP §5.3(a)(3))	Up to $400,000 IR maximum (TDP §5.3(b)(3))
At current 4.7% payment %	~$4,230 mesothelioma payout	Up to ~$18,800 (max IR mesothelioma × 4.7%)
Documentation burden	Lower — standard medical and exposure documentation	Higher — full individualized exposure and damages workup
Processing speed	Faster (typically months)	Slower (typically longer due to individualized evaluation)
Typical use case	Most claims; standardized review	High-value cases, claim-specific factors, multi-employer exposure

The right track depends on the strength and value of the individual claim. Counsel typically advises ER for most claimants and reserves IR for cases where the claim-specific factors (significant economic damages, complex multi-employer history, or extraordinary exposure intensity) warrant individualized evaluation.

Frequently Asked Questions

What is the Babcock & Wilcox Asbestos Trust?

The Babcock & Wilcox Asbestos Personal Injury Settlement Trust is a Section 524(g) bankruptcy trust established February 22, 2006 following the Chapter 11 reorganization of The Babcock & Wilcox Company and three affiliated debtors. The trust pays asbestos personal-injury and wrongful-death claims arising from exposure to asbestos-containing products including boilers supplied, specified, manufactured, installed, maintained, or repaired by B&W. The trust began accepting claims July 17, 2006 and operates under the Amended TDP dated December 2, 2015.

What is the current Babcock & Wilcox trust payment percentage?

4.7%, effective November 7, 2024. The Trustees issued a Notice of Reconsideration of Payment Percentage on May 7, 2026 under TDP Section 4.2 (which requires reconsideration every three years). The earliest effective date for any new rate is June 6, 2026. Until a new rate is adopted, the 4.7% rate continues to apply to both Expedited Review and Individual Review payouts. If a higher rate is later adopted, supplemental payments are owed to claimants paid at the lower rate. Verify the current rate at bwasbestostrust.com/news/ before filing.

Who is eligible to file a claim with the B&W trust?

Eligible claimants must have a qualifying asbestos-related disease (mesothelioma, asbestos-related lung cancer, asbestosis, or other TDP-recognized condition), document exposure to B&W-supplied or B&W-installed asbestos-containing products (including boilers), and meet the Significant Occupational Exposure standard (TDP §5.7(b)(2)): ≥5 cumulative years with ≥2 years before December 31, 1982 in a qualifying industry and occupation. Secondary-exposure family members may qualify under the TDP's broad definition. The claimant's exposure site must appear on the trust's Approved Site List (updated October 28, 2025).

How much can I receive from the Babcock & Wilcox trust?

Expedited Review mesothelioma claims pay $90,000 (scheduled value) × 4.7% (current payment percentage) = approximately $4,230. Individual Review mesothelioma claims can pay up to $400,000 × 4.7% = approximately $18,800. Lung Cancer 1 ER claims pay $35,000 × 4.7% ≈ $1,645. Most B&W claimants file with multiple 524(g) trusts in parallel; the average mesothelioma claimant's total combined trust-fund recovery (across 10+ trusts) is $300,000 – $400,000.

What products or work sites qualify for B&W trust claims?

Per TDP §5.7(b)(3), qualifying products are "asbestos or asbestos-containing products (including boilers) supplied, specified, manufactured, installed, maintained, or repaired by B&W." Qualifying work sites must appear on the trust's Approved Site List, updated October 28, 2025 and published at bwasbestostrust.com. Eligible occupations and industries include boilermaker, pipefitter, machinist, welder, electrician, shipyard worker, Navy / military, and power-generation work, per the trust's Significant Occupational Exposure Rating list (updated December 19, 2011).

Can Navy veterans file claims with the Babcock & Wilcox trust?

Yes — Navy veterans are among the highest-priority B&W claimant categories. B&W boilers and pressure equipment were widely installed on mid-20th-century U.S. Navy vessels. Boilermen, Machinist's Mates, Pipefitters, Hull Maintenance Technicians, Electricians, Engineering Officers, and Seabees with documented service-era exposure typically qualify. Navy veterans should also file VA disability (mesothelioma rated 100%) and parallel 524(g) trust claims against other manufacturers (Johns-Manville, Owens Corning, Combustion Engineering), as well as civil lawsuits against solvent defendants. See Veterans_Mesothelioma_Claims for the five-program compensation framework.

What is the difference between Expedited Review and Individual Review at the B&W trust?

Expedited Review (ER) evaluates the claim against TDP scheduled values ($90,000 for mesothelioma) and pays the scheduled value × current payment percentage; lower documentation burden, faster timeline. Individual Review (IR) evaluates each claim individually based on exposure, damages, and earnings — higher documentation burden, slower timeline, but mesothelioma maximum value rises to $400,000 (per TDP §5.3(b)(3)). Counsel typically recommends ER for most claimants and IR for high-value, claim-specific cases.

How long does it take to receive payment from the B&W trust?

The Delaware Claims Processing Facility processes most B&W claims within months under Expedited Review and longer under Individual Review. Across the 524(g) trust ecosystem, GAO-11-819 reported that 97–98% of trust claims are processed via Expedited Review with typical first-payment timelines of 3–6 months after filing. Multi-trust filings (the typical case) stagger payouts across that window. The trust contact for status inquiries is 800-708-8925 or claimantrelations@delcpf.com.

Should I file a B&W trust claim, a lawsuit, or both?

Both — in nearly every case. Trust claims and civil lawsuits target different defendants (bankrupt vs. solvent) and operate under different legal frameworks (federal bankruptcy law vs. state tort law). They do not offset each other in most jurisdictions, and the combined recovery substantially exceeds either pathway alone. Average civil lawsuit settlement is $1M–$1.4M per Mealey's; average trust fund total recovery is $300K–$400K. Danziger & De Llano coordinates both pathways alongside any applicable VA disability claim.

Get Help

Free B&W Trust Claim Review — Danziger & De Llano
If you or a family member was exposed to Babcock & Wilcox boilers or asbestos-containing products and has been diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, we evaluate eligibility for the B&W Trust alongside parallel 524(g) trust claims, civil lawsuits, and VA disability (for Navy veterans). No upfront cost. Contingency-fee representation only.
Free trust eligibility review:	www.dandell.com
Call directly:	(855) 699-5441
Trust contact:	800-708-8925 · claimantrelations@delcpf.com
Trust website:	bwasbestostrust.com
Firm:	Danziger & De Llano — mesothelioma plaintiffs' counsel, nationwide representation

Related Pages

• Asbestos_Trust_Funds — full active 524(g) trust list with scheduled values and current payment percentages
• Section_524(g)_Bankruptcy_Trusts — Section 524(g) channeling-injunction framework
• Boilermakers — boilermaker trade asbestos exposure profile
• Shipyard_Workers — shipyard worker exposure profile
• Veterans_Mesothelioma_Claims — five-program veteran compensation framework
• Veterans_Asbestos_Claims — veteran filing-mechanics companion page
• VA_Disability_Mesothelioma — 2026 VA disability and DIC rate tables
• Mesothelioma_Lawsuit — civil litigation filing mechanics
• Asbestos_Exposure_Claims — overall claims taxonomy