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Claim Filing (6)

Who should file a claim?

Any person who is diagnosed with one or more of the four disease levels outlined in the Trust Distribution Procedures (TDP) and has evidence of causation related to Halliburton and/or Harbison-Walker products.

 

What are my options when filing with the Trust?

You must choose one of the applicable claim processes:  Expedited Review, Individual Review, Extraordinary Claim Review (must undergo Individual Review), or Exigent Hardship Claim Review (must undergo Individual Review and complete a supplemental Proof of Claim Form).

 

How do I file a claim?

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 Claimant Relations at (800) 708-8925 or download and print the claim forms from the Resources Page. You must complete the Proof of Claim form, choose the applicable claim process and send it to the Trust’s mailing address.

 

How do I complete a claim if I am a relative of a person who worked with Halliburton and/or Harbison-Walker products?

Claim pages (including Part 6) must be completed with your information, except for Part 5 of claim form, which must be completed for the occupationally exposed person.

 

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.  The Trust Distribution Procedures (TDP) provide specifics about what medical and exposure documentation is needed with your claim submission.

 

Do I need an attorney to file my claim so I can be paid?

No, an attorney is not required to file a claim.  Any individual with a valid silica-related injury may file a claim.  The Trust cannot provide guidance on whether you should obtain an attorney or file independently.

 

Deferral (4)

What does it mean to defer a claim?

An option to file a claim, but to put on hold and not be processed at that time.

 

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.

 

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.

 

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.

 

Deficiencies (5)

How do I respond to a claim deficiency?

You may send your deficiency response to the Trust’s mailing address or you may log into Trust Online and update the claim form using our enhanced Deficiency Response Process. For more information on this process click here.

 

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.

 

How long does it take to review my response to a deficiency after it is received by the Trust?

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.

 

When I am supplementing claim information or responding to a deficiency, do I need to resubmit the claim form?

No, please send only the additional information/documentation and include the injured party’s name and last four digits of the Social Security number.

 

I received a letter about my claim but I do not understand what is being requested, how can I get help?

You may contact our Claimant Relation toll free line at (800) 708-8925 Monday through Friday from 8AM to 4:30PM EST.  You can also email your questions directly to websupport@diisilicatrust.com and we will respond promptly.

Other Claim Related Questions (7)

How do I withdraw a claim?

You can withdraw a claim by submitting a written notification requesting the claim to be withdrawn. Trust Online users can withdraw claims individually by clicking on the Withdraw Claim button found on the claim’s General tab.

 

What happens if the injured party has 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.

 

Why can’t you release information about my claim to me if I have an attorney?

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.

 

I am a pro se claimant; 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 representation unless you appoint a “Contact” person.  A Contact can retrieve information about your claim but cannot make changes to your claim.  If there is a person that you would like to appoint as a Contact, submit this in writing to the Trust.

 

What if my address changes while claim is in the process of being evaluated?

You must notify the Trust either in writing at P.O. Box 106, Wilmington, DE 19899-1036 or by email at helpline@diisilicatrust.com.

 

Can I file a claim for mixed-dust pneumoconiosis?

No, you may not recover from the Silica Personal Injury Trust.  You must submit your claim to the Asbestos Personal Injury Trust.

Review (5)

How are claims assigned for review?

A claim is assigned for review based on the scheduled outline in the Trust Distribution Procedures (TDP) and is then assigned to a claim reviewer.

 

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.

 

Will the Trust review a claim if the injured party died before a physical exam was performed?

The Trust Distribution Procedures (TDP) require a physical exam, however, if the injured party is deceased at the time of filing, the Trust will accept a pathology report from a board-certified pathologist for the alleged injury.

 

How can a particular plant/site of exposure be established as a known site to satisfy the requirement for Company Exposure?

Evidence to establish a known Halliburton and/or Harbison-Walker site can be submitted to the Trust for consideration by the Trustee.