When East Palestine residents can expect personal injury payments — and how much they may get

EAST PALESTINE, Ohio (WKBN) — It’s been nearly two years since the Feb. 3, 2023 train derailment in East Palestine, and residents are beginning to wonder when they will see compensation.

Those living within 10 miles of the trail derailment and the following vent-and-burn process were eligible to partake in a $600 million class action settlement as well as an additional personal injury payment of up to $25,000.

Despite the fact that the capped amount for personal injuries was more controversial because residents were required to give up any right to sue in the future if they were to develop cancer or other serious ailments, some 97% of East Palestine residents still signed on.

While the class action settlement payments remain on hold due to appeals, that hold does not apply to personal injury payments — prompting residents to ask, where is that money?

For those who have received a personal injury payment — a fractional portion of the nearly 55,000 who filed claims — they’ve reached out to First News expressing dismay at the amounts they’ve received.

The train derailment settlement is being managed by Kroll Settlement Administration, a third-party, administration firm appointed by the court. While Kroll is responsible for administering the settlement, the company says it had no role in determining settlement terms or the “plan of distribution.”

The personal injury amount that will be awarded is determined by a somewhat complex mathematical point system. Each resident will start with a “base” of 100 points, the equivalent of the $25,000 max amount they could receive. “Points” will then be deducted from the base based on factors such as distance from the derailment site, time of physical presence in the area, age, exposure and/or symptoms.

For anyone wishing to calculate the exact amount they may receive, information can be found here.

When it comes to the question of a hard date for payments, residents are left with no definitive answer. Kroll provided the following statement regarding when payments are expected to be made:

“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.”

Kroll says there is no distribution priority based on the value of the claim or proximity to the derailment site.

As of the beginning of January, Kroll reports determinations have been made on roughly 1,800 payments.

“We expect that in the coming months, thousands more payments will be cleared and ready to be distributed,” the company stated.

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