This $1,500,000 settlement resolves claims over the November 22, 2023 CSX train derailment and chemical fire near Livingston, in Rockcastle County, Kentucky. If you lived in or owned residential property within three miles of the derailment site that day, you can claim up to $4,000 per household, but you have to prove where you lived and the release covers personal injury claims too.
Current Status
Claims are open. The deadline to file is October 19, 2026, whether you submit online or by mail, and the Notice states that date without a cutoff time or timezone, so do not assume one. The court has granted preliminary approval and authorized notice to the class, but it has not ruled on final approval: the Final Approval Hearing is set for December 9, 2026 at 10:00 a.m. in the U.S. District Court for the Eastern District of Kentucky in London, Kentucky. No payment date has been announced as of August 16, 2026, and the Notice states that payments will not go out until any appeals are resolved. Two dates come earlier than the claim deadline and are easy to miss: October 5, 2026 is the cutoff both to exclude yourself and to object.What Changed Recently?
The court preliminarily certified a settlement class and authorized notice in Webb, et al. v. CSX Transportation, Inc., Case No. 6:23-cv-00211-REW, pending in the U.S. District Court for the Eastern District of Kentucky. That opened the claim process, and residents of the class area can now file with the settlement administrator, Simpluris, through the official settlement website.The lawsuit alleges that CSX Transportation, Inc. is responsible for personal harm and property damage caused by the derailment. CSX denies those allegations, denies any wrongdoing in connection with the derailment, and states that it is settling to avoid further litigation. The court has not decided who is right, and the Notice describes the agreement as a compromise rather than a finding of liability.
The underlying event: on the afternoon of November 22, 2023, the day before Thanksgiving, a CSX train derailed north of Livingston in Rockcastle County, Kentucky. Sixteen railcars were involved, and two carrying molten sulfur were breached and caught fire. Burning molten sulfur releases sulfur dioxide, and the town of Livingston was evacuated while crews worked the fire; the governor declared a state of emergency for the surrounding area. CSX has said a failed wheel bearing caused the derailment, and the company has reported that all sixteen railcars, the spilled material and roughly 2,500 tons of affected soil were removed and replaced with clean fill. This is a different incident and a different railroad from the East Palestine, Ohio derailment, though the two are often mentioned together; we cover that one separately in our explainer on the Norfolk Southern East Palestine settlement and Amtrak lawsuit.
Who Qualifies?
You are a Settlement Class Member if, on November 22, 2023, you resided in or owned residential real property within a three-mile radius centered on the derailment site in Rockcastle County, Kentucky. Either one qualifies you. A renter who lived inside the radius is covered on the residency side, and an owner who lived elsewhere is covered on the ownership side.The class excludes CSX Transportation, Inc.; Class Counsel; the judge presiding over the case; current CSX employees; and anyone who properly and timely files a request to be excluded. The claim portal describes the employee exclusion by reference to employment as of January 6, 2026.
Because the class line is drawn geographically rather than by a mailing list, the boundary itself is the thing most people need to check. The settlement website runs an address checker that estimates whether an address sits inside the class area using the U.S. Census Bureau geocoding service, and the site states plainly that the result is informational and not a final eligibility determination. If your address sits near the edge of the radius, treat the checker as a starting point and raise the question with the settlement administrator rather than assuming either answer.
How Much Can You Get?
The settlement amount is $1,500,000. That single fund pays the class, and also pays notice and administration costs, attorneys' fees and expenses, and any award to the class representatives, all subject to court approval.- Base payment — each residential household and property owner is eligible for up to $4,000, subject to an offset for money previously received from CSX following the derailment.
- Possible increase — if money remains in the fund after all valid claims are paid, each valid claim may be increased pro rata up to a maximum of $6,000 per household claim. That $6,000 is a hard ceiling on a household claim under the agreement.
- If money still remains after that increase, the parties will propose a cy pres recipient for the court to approve rather than distribute more to the class.
Treat $4,000 as a ceiling on the base payment, not a promised amount. The Notice describes cash payments as shares of the Net Settlement Fund, which means what is actually available to the class is $1,500,000 less fees, expenses, administration costs and any class representative awards, and the per-household figure depends on how many valid claims come in. Class Counsel will ask the court for fees and expenses out of the fund, and for awards of no more than $15,000 each for the three class representatives; the court may award less. Our glossary entry on pro rata distribution explains how that kind of shared-fund math works in practice.
The offset deserves its own attention. CSX made payments to some residents in the weeks after the derailment, and the Notice states the settlement payment is reduced by money previously received from CSX. The public documents do not publish the offset formula or how prior payments are verified, so if you were paid directly by the railroad, expect a reduction and ask the settlement administrator how your specific payment is being treated.
What Proof or Notice ID Is Required?
Proof is required, and on this settlement it is required twice over.First, every class member must document residency or property ownership in the class area. The Notice lists acceptable documentation: a utility bill, driver's license, lease, real property tax assessment invoice, voter registration, or similar official documentation. Whatever you submit has to show both your name as the claimant and the address of the property, and the document has to be legible on both points.
Second, the online claim form opens only after you log in with the LoginID and PIN printed on the notice mailed to class members. That administrator-issued credential gates the online filing path, which is enough on its own to make this a proof-required settlement even before the residency documentation is considered.
If you never received a notice or cannot find your code, a printable Claim Form is posted on the settlement website and can be completed and returned to the settlement administrator by mail with your documentation attached. Requests for a replacement code go through the contact page on the official settlement website.
What Is the Deadline?
Claims are due October 19, 2026. An online claim must be submitted by that date, and a mailed Claim Form must be postmarked no later than that date. The Notice and the settlement website both state the date without a cutoff time or timezone, so treat the full date as the deadline rather than assuming an end-of-day rule.Two earlier deadlines apply to people who want out or who object, and both fall on October 5, 2026. A request for exclusion must be mailed to the claims administrator and postmarked by that date, and it has to state that you are requesting exclusion from the Settlement Class, carry your personal signature, and give your name, address, telephone number, email address and the caption of the lawsuit. Only individual requests are allowed; you cannot opt out on someone else's behalf, though the Notice provides that if one member of a household opts out, that exclusion is effective as to all family members residing at that property while leaving the claims of non-familial residents intact. Our glossary entry on opting out of a class action covers what that choice does and does not preserve.
An objection has the same October 5, 2026 cutoff. It must be filed with the Clerk of Court, postmarked by that date or filed through the court's electronic case filing system by that date if you are represented by a lawyer, and sent concurrently to the claims administrator. The Notice requires an objection to confirm you are a class member, give your name, address, email address and telephone number, carry your personal signature, identify the substance of each objection and whether it applies to you alone, to a subset of the class or to the whole class, with your specific reasons and any legal arguments and supporting documents, and state whether you intend to appear at the Final Approval Hearing. You cannot object if you have excluded yourself.
One later date is not a claim deadline at all. February 23, 2027 — forty-five days after the Effective Date — is the cutoff to update your address or change how you are paid after you have already filed a claim.
What Are You Giving Up?
This settlement releases far more than a typical consumer refund case, and it is the part worth reading twice before you decide.Unless you exclude yourself by October 5, 2026, you remain in the class and give up the right to sue CSX over anything that was brought or could have been brought in the case. The Notice spells out what that covers: claims for medical monitoring, whether pleaded as a cause of action or as a form of relief; claims for bodily or personal injury; claims for property damage or diminution in property value; claims for emotional distress or inconvenience; and claims for wrongful death or survivorship. The release binds every class member who does not opt out, whether or not they file a claim, and the court's orders about the settlement apply to them.
The practical consequence is that a payment of up to $4,000 closes the door on a personal injury claim arising from the derailment. If you or someone in your household developed a health condition you believe is connected to the derailment or the chemical fire, or if you think your property lost value, read the release language in the Settlement Agreement on the settlement website and consider talking to your own lawyer well before the October 5 exclusion deadline. Excluding yourself means you get nothing from this settlement, but you keep whatever right you have to bring your own case.
How Do You Take Action?
File through the official Livingston Derailment Settlement website. The online claim form opens after you log in with the LoginID and PIN from your notice. Enter your information for the address where you resided or that you owned on November 22, 2023, and upload a document showing your name and that address.If you would rather file on paper, the same website posts a printable Claim Form. Complete it, attach copies of your documentation, and return it to the settlement administrator by mail using the details printed on the form, postmarked by October 19, 2026. The site also hosts the Settlement Agreement, the Notice, the address eligibility checker and an important-dates page.
After your claim is in, the payment-election step is separate and optional. Logging back in with the same LoginID and PIN lets you change the address a payment goes to, or choose PayPal, Venmo, Zelle or a pre-paid E-Mastercard instead of a paper check, until February 23, 2027. Filing on the official settlement website is free; there is no reason to pay a third party to submit a claim for you.
What Happens Next?
The next milestone is the Final Approval Hearing on December 9, 2026 at 10:00 a.m. in the U.S. District Court for the Eastern District of Kentucky in London, Kentucky. At that hearing the court will consider whether the settlement is fair, reasonable and adequate, will rule on Class Counsel's request for fees and expenses and on the class representative awards, and will hear any objections. The Notice states the date and time are subject to change by court order and that any change will be posted on the settlement website; class members do not need to attend, and an objection is considered whether or not the objector shows up.Payments follow only if the court grants final approval and after any appeals are resolved. The Notice warns that the appeal process can take time, perhaps more than a year, and it does not announce a payment date. We will update this page when a final approval order or a payment schedule is entered.
Sources and Verification
• Official settlement website — Livingston Derailment Settlement• Notice of Proposed Class Action Settlement, Webb, et al. v. CSX Transportation, Inc. (embedded below)
• Justia docket — Webb et al v. CSX Transportation, Inc., No. 6:23-cv-00211 (E.D. Ky.)
• CSX — company statements on the Livingston, Kentucky derailment and cleanup
• CNN — Livingston evacuation and molten sulfur fire, November 2023
Questions
Does taking the money give up a personal injury claim?
Yes, and this is the most important thing to understand before you decide. The Notice states that unless you exclude yourself, you release all claims that were brought or could have been brought in the case, and it lists those categories explicitly: medical monitoring, whether pleaded as a cause of action or as a form of relief; bodily or personal injury; property damage or diminution in property value; emotional distress or inconvenience; and wrongful death or survivorship. The release binds you whether or not you file a claim. Anyone who believes they have a serious health or property claim arising from the derailment should read the Settlement Agreement's release language and consider speaking with their own attorney before the October 5, 2026 exclusion deadline.
I already got money from CSX after the derailment. Can I still file?
The Notice does not bar you from filing, but it states that the payment of up to $4,000 is subject to an offset for monies previously received from CSXT following the derailment. CSX made payments to some residents in the weeks after the November 2023 derailment. The Notice does not publish the offset formula or say how prior payments are documented, so if you received money directly from CSX, expect your settlement payment to be reduced by that amount and confirm the treatment of your specific payment with the settlement administrator through the official settlement website.
Can more than one person at the same address file?
The Notice describes the benefit as a payment per Household claim and per property owner, and it caps any single Household claim at $6,000 even after a pro rata increase. It does not spell out how multiple adults living at one address are handled, so it is a question for the settlement administrator rather than one the public documents answer. What the Notice does address is opting out: if one member of a Household opts out, that exclusion applies to all family members residing at that property, but it does not affect the claims of non-familial individuals living there.
I rented my home. Am I still covered?
Yes. The class is defined as anyone who resided or owned residential real property within the three-mile radius on November 22, 2023, so residency alone qualifies you and ownership is not required. That is why the acceptable documentation list includes a lease, a utility bill, a driver's license and a voter registration, not just a property tax assessment. A landlord who owned a home inside the radius but did not live there is covered on the ownership side of the definition.
What if I never got a notice, or lost the LoginID and PIN?
The online claim form opens only after you log in with the LoginID and PIN printed on the mailed notice. If you never received one or cannot find it, the settlement website posts a printable Claim Form that can be completed and returned to the settlement administrator by mail with your proof of residency or ownership attached, and the site's contact page is the place to ask for a replacement code. The settlement website also runs an address-based eligibility checker that estimates whether a given address falls inside the class area, though the site states that the result is informational and not a final eligibility determination.
Why is there a second deadline in February 2027?
February 23, 2027 is not a claim deadline. It is the cutoff for a separate, optional step: after you have already filed a claim, you can log in on the settlement website to change the address a payment is sent to, or to choose a digital payment instead of a paper check. The website lists PayPal, Venmo, Zelle and a pre-paid E-Mastercard as the alternatives to a check. If you do nothing after filing, the Notice's default is a paper check to the address on your claim. Do not use that form as a substitute for filing, and note that missing the October 19, 2026 claim deadline cannot be cured by it.
