Businesses and charitable organizations affected by the 2022 Winston Weaver fertilizer plant fire and evacuation in Winston-Salem, North Carolina, may be eligible for compensation from a $4.5 million class action settlement.
If your business operated within the one-mile evacuation zone on Jan. 31, 2022, you could qualify for payments ranging from a flat $10,000 payment to potentially larger amounts for documented losses.
Why This Lawsuit Exists?
The lawsuit claims that a fire at the Winston Weaver fertilizer facility on Jan. 31, 2022, caused the evacuation of nearby businesses and organizations, leading to economic losses and business disruption.
Plaintiffs alleged Winston Weaver Co. Inc. was responsible due to:
Negligence
Gross negligence
Negligence per se
Private nuisance
Public nuisance
Winston Weaver denies wrongdoing but agreed to settle the case to avoid the expense and uncertainty of continued litigation.
Who Qualifies?
You may qualify if your business or charitable organization:
Operated within the one-mile evacuation zone of the Winston Weaver facility on Jan. 31, 2022
Experienced economic losses or nuisance-related damages from the fire or evacuation
Was a lawful business entity, including:
Corporation
LLC
Partnership
Sole proprietorship
Nonprofit organization
Operated from the affected location as an owner, tenant, or lessee
Important Exclusions
You may not qualify if:
Your activity was recreational, hobby-based, unlawful, or temporary residential peddling
You already participated in the separate individual settlement as a natural person
How Much Can Businesses Receive?
Compensation depends on the type of claim filed and the documentation provided.
Flat Payment Option
Eligible businesses can claim:
$10,000 flat payment for shutting down during the mandatory three-day evacuation period
Up to $35,000 for longer closures or extraordinary losses
This option is available even if you do not have extensive financial documentation.
Actual Net Business Loss Claims
Businesses with documentation may seek reimbursement for substantiated losses, including:
Lost revenue
Continuing expenses
Certain cleanup or operational costs
Supporting documents may include:
Federal tax returns (2022 and 2023)
Bank statements
Sales tax records
Payroll records
Financial statements
POS records showing zero sales days
Customer notices or closure signage
Any prior reimbursements from insurance or other sources may reduce the final payment amount.
Extraordinary Loss or Property Damage Claims
Businesses may also submit claims for:
Property damage
Inventory loss
Event cancellations
Cleanup costs
Other extraordinary business damages tied to the incident
These claims require strict itemization and supporting documentation such as invoices, receipts, or photos.
If combined with the flat payment option, extraordinary loss claims are capped at $25,000 per business.
Pro Rata Reduction Warning
Payments may be reduced proportionally if total approved claims exceed the available settlement funds.
Your Options at a Glance
| Option | What It Means | Deadline |
|---|---|---|
| File a Claim | Submit a claim for payment from the settlement | July 15, 2026 |
| Exclude Yourself | Opt out of the settlement entirely | April 24, 2026 |
| Object | Tell the court why you disagree with the settlement | Refer to official notice |
| Do Nothing | Receive no payment and give up certain rights | N/A |
How to File a Claim?
Eligible businesses can file:
Online using their Unique ID and PIN
By downloading, printing, and mailing the proper claim form
To File Online
Businesses that received a settlement notice can use the Unique ID and PIN provided in their notice to start a claim online.
To File by Mail
If you did not receive a notice, you may still participate by downloading and mailing the appropriate claim form.
Mail completed forms to:
Winston-Salem Business Settlement
Settlement Administrator
P.O. Box 3207
Portland, OR 97208-3207
Claim Deadline
Your claim must be:
Submitted online by 11:59 p.m. ET on July 15, 2026
OR postmarked by July 15, 2026
When Will Payments Be Sent?
Payments will be distributed after the court grants final approval and any appeals are resolved.
The settlement notice does not specify a payment method or payout date at this time.
