East Palestine residents face delays and frustrations over train derailment compensation payments.
Nearly two years have passed since a train derailed in East Palestine, Ohio, leaving the community waiting for clarity regarding compensation that was supposed to be received much sooner. The February 3, 2023, derailment caused major disruptions and health concerns for those living within a 10-mile radius of the incident. A class-action lawsuit ensued and a settlement worth $600 million was established, along with an additional payout for personal injuries capped at $25,000 per person. To qualify for these payments, residents had to give up the right to file any future lawsuits for potential health issues, such as receiving a cancer diagnosis. Despite this, 97% of eligible residents agreed to the terms. Since that time, more than 55,000 claims were made against the settlement.
While the larger class-action payments are on hold due to ongoing appeals, the personal injury payouts are not. However, the process has been slow going, to say the least, and many residents have expressed frustration over the extended delays and the amounts they’ve received so far. Some have reached out to local media, questioning the fairness of the system and the transparency of the process.
The settlement payouts are being handled by Kroll Settlement Administration, a court-appointed third-party firm. Kroll’s role is to distribute the funds, but the administration did not create the settlement terms or the formula for doing so. Payment amounts are determined by a point-based system, where each claimant starts with a base of 100 points, equating to the $25,000 maximum. Deductions are made based on factors like time spent in the affected area, age, symptoms experienced, and overall exposure risk. This formula has left some residents with significantly lower payouts than they initially expected.
For those seeking to estimate their payment, resources are available to help calculate potential amounts. Yet, the most pressing question remains unanswered: When, exactly, will these payments be issued? Kroll has stated they are working diligently to validate claims and issue payments as quickly as possible. Payments are released after the deadline for each claimant’s determination letter response has passed. No priority is given based on the size of the claim or proximity to the derailment site, leaving some residents feeling ignored.
Kroll provided the following statement in response to mounting frustrations, “Kroll is working as quickly as possible to validate and make payments on all Personal Injury Claims. Personal Injury Payments will be made shortly upon the expiration of each individual’s Personal Injury Payment Determination letter response deadline.”
As of earlier this month, determinations had been made for about 1,800 claims, stating, “We expect that in the coming months, thousands more payments will be cleared and ready to be distributed.” Despite this progress, many residents feel dissatisfied with the pace and transparency of the process, in general. They believe their health and well-being deserve more immediate and direct attention. While updates are necessary to track progress, they often fall short of easing the concerns of those whose compensation remains in limbo.
Sources:
When East Palestine, Ohio residents can expect personal injury payments after train derailment
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