Receiving compensation under the terms of the BP Settlement isn’t necessarily automatic. Simply being a member of the economic class doesn’t guarantee Settlement benefits. Specifically, in many circumstances, claimants that suffered economic loss or property damage in the wake of the April 2010 oil spill must provide specific financial and other information to show that their loss is indeed related to the oil spill.
These “causation requirements” are defined in the terms of the BP Settlement and vary depending on what type of claim is being submitted. For business economic loss claims, some claimants will not have to offer any specific proof of causation while others will have to submit financial data showing certain revenue patterns. Whether this information is required depends on geographic location and type of business. The Business Claimants for which there is no causation requirement include:
- If you are a business in Zone A, you are generally not required to provide any evidence of causation unless you are a start-up business, a failed business, covered by the Seafood Program, or not included in the Economic Class definition.
- If you are a “Landing Site,” or “Commercial Wholesale or Retail Dealer A,” or “Primary Seafood Processor,” you are not required to provide any evidence of causation.
- If you are in Zone A, B or C and you are a “Commercial or Wholesale or Retail Dealer B,” or a “Secondary Seafood Processor,” or a “Seafood Wholesaler or Distributor,” or a “Seafood Retailer,” you are not required to provide any evidence of causation.
- If you are in Zone A or Zone B, and you meet the “Tourism Definition,” you are not required to provide any evidence of causation.
- If you are in Zone A, B or C, and you meet the “Charter Fishing Definition” you are not required to provide any evidence of causation.
All other Business Economic Loss Claims have specific types of causation requirements—generally some type of specific revenue pattern—that must be met in order to receive compensation under the BP Settlement.
