Attorneys answer myriad of questions about water settlement

CHARLESTON, W.Va. — Calls to the information line for the settlement of the 2014 water emergency in Charleston have been heavy in recent days. The claim forms and announcement of the settlement went out in the mail on October 11th to those who live in the affected areas.

More than 300,000 people in a nine county region of West Virginia lost their tap water for as long as ten days in some cases back in February 2014. The water was contaminated when the chemical MCHM leaked from a storage tank owned by Freedom Industries into the Elk River. The chemicals flowed into the intake of West Virginia American Water Company’s Kanawha Valley Treatment Plant a mile downstream and dispersed throughout the system when the filters at the plant could not remove it from the water.

West Virginia American Water Company and Eastman Chemical, the maker of MCHM, each entered the settlement of $151 Million dollars without admitting to any wrongdoing.

“One-hundred and one Million is guaranteed to be spent,” said Charleston Attorney Anthony Majestro, one of those who has worked on the case from the start. “The last 50 Million dollars, the water company only has to pay it if claims and expenses exceed the 101 Million dollars.”

He stressed everybody who lived in the affected areas during the water crises is due some level of compensation.

“We have tried to send notice to everybody in the affected area,” said Majestro. “There wasn’t anything you had to do before to be able to recover under this settlement now. Any person who lived or had a businesses in the affected area at the time of the spill is entitled to recovery.”

Those who have not received a mailed notice can go online to file a claim at wvwaterclaims.com The phone number to have questions answered is 1-855-829-8121.

Claim forms and notice of the settlement have been mailed to those on the water company’s billing list. However, others may also be due compensation, but did not get a notice by mail since their name wasn’t on the water bill. Renters who have water service as part of their rental agreement is one key example. Although they do not get a water bill, Majestro explained those renters are still due collection in the settlement.

The standard claim will be $550 per household with an additional $180 for each member of the household who was there during the crises. It will average about $1,050 for a family of four. Other levels of compensation beyond the standard settlement amount can be claimed by filling out a separate form.

“If you have a claim for lost wages or medical expenses, there are special benefits,” said Majestro. “There’s a $1.500 dollar benefit if you were pregnant at the time. There’s a separate benefit for those claims. ”

You can also file an itemized claim for business or personal compensation called the individual review claim form. There are no limits to those damages and recovery is promised if you can prove the claims with receipts and other documentation.

“We believe there is plenty of money here,”said Majestro. “But we would like to make sure everybody goes and gets the opportunity, otherwise the water company gets to keep that last $50 Million if we don’t spend it.”





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