How to Prove Asbestos Exposure: Guide for Asbestos Disease Claims

Proving asbestos exposure is one of the most critical steps in securing compensation for mesothelioma and other asbestos-related diseases in Canada. Because asbestos-related illnesses often develop decades after exposure, many victims face challenges in gathering the necessary evidence. However, with the right legal guidance, it is possible to build a strong claim, even when exposure happened many years ago or the worker has passed away.

This article explains how asbestos exposure is proven in Canada, what documentation is required, and how experienced lawyers like Miskin Law help clients and families succeed in asbestos trust claims.

Why Proving Asbestos Exposure Matters

There are no mesothelioma lawsuits in Canada. Instead, compensation comes from asbestos trust funds established by U.S. companies that manufactured asbestos products. These trusts pay eligible claimants who were exposed to their products, including Canadians who worked at industrial or construction sites where the products were used. This means you do not have to go to court or fight a long legal battle.

To access these funds, claimants must demonstrate both:

1. A confirmed diagnosis of an asbestos-related illness such as mesothelioma, lung cancer, severe asbestosis, colon cancer, pharyngeal, stomach, laryngeal or esophageal cancer.
   
2. Proof of asbestos exposure linked to the company’s product or a workplace where asbestos was present.
   

If you have been diagnosed with colon cancer, pharyngeal, stomach, laryngeal or esophageal cancer, in order to qualify you must also have evidence of an underlying bilateral asbestos related disease, for example asbestosis or pleural plaques related to asbestos.

Accurate exposure evidence is the core of every mesothelioma trust claim. Without it, trust funds will not approve a claim. Most people with mesothelioma do not have long to live after diagnosis, so time is of the essence. You need your work history recorded and signed while you still can. Miskin Law moves fast. We gather records, speak with you about your job sites, and prepare a work history affidavit right away. We do not operate like most firms. We understand you do not have long, and we make your case a priority from day one.

Common Sources of Asbestos Exposure in Canada

Asbestos was widely used throughout Canadian industry from the 1930s until it was banned in 2018. It was present in insulation, brake pads, pipes, gaskets, tiles, and hundreds of other products. The most common exposure sources include:

• Industrial worksites such as steel mills, power plants, paper mills, and refineries.
  
• Construction and renovation projects, especially in older buildings.
  
• Shipyards and manufacturing plants where asbestos materials were used in machinery or boilers.
  
• Secondary exposure, where family members were exposed to dust brought home on work clothes.
  

Major exposure regions include Hamilton, Sarnia, Sudbury, and industrial areas of Ontario, as well as parts of Quebec, Saskatchewan, Nova Scotia, Manitoba, British Columbia, New Brunswick, Newfoundland and Alberta.

Step One: Gathering Work History Information

The foundation of an asbestos claim begins with a detailed work history. This includes:

• Employment records
  
• Names and locations of worksites where asbestos products were present
  
• Job titles and duties showing regular contact with materials that contained asbestos
  

Even if employment records are unavailable, the worker or their family can provide a sworn affidavit outlining employment history and possible exposure sources.

At Miskin Law, these affidavits are supported with an extensive internal database of evidence from previous clients who worked at the same sites. For example, if a claimant worked at Stelco in Hamilton, Dofasco, or Dow Chemical in Sarnia, the firm can reference prior affidavits confirming asbestos use at those facilities. This evidence helps establish exposure even when a claimant’s own memory or documents are limited.

Step Two: Worker or Family Affidavit

The worker affidavit is the single most important piece of evidence in proving asbestos exposure. It is a sworn statement describing where and how asbestos exposure occurred. The affidavit should include:

• The years of employment and specific job sites
  
• The types of products handled (e.g., insulation, gaskets, cement, brake pads)
  
• Descriptions of working conditions, including visible dust or fibres
  

If the worker has passed away, a family member can sign an affidavit which can be used instead. In this case, a spouse or adult child provides details about the worker’s job history, employer, and years of employment. Miskin Law can strengthen these affidavits with archived evidence from other clients employed at the same location.

Step Three: Identifying Asbestos-Containing Products

Asbestos trust funds require claimants to show exposure to products manufactured by companies that sold or manufactured asbestos products. For example, products made by Johns-Manville, Owens Corning, or Pittsburgh Corning were widely used in Canadian industrial facilities.

Miskin Law helps identify which products were present at specific sites based on historical records, prior claims, and corporate documentation. This matching process links the claimant’s exposure to the appropriate U.S. trust funds and ensures that each claim is supported with evidence.

Step Four: Supporting Evidence and Medical Records

In addition to affidavits, claimants must provide medical proof of diagnosis. This typically includes:

• Pathology or oncology reports confirming mesothelioma or another asbestos-related illness
  
• Hospital discharge summaries
  
• Imaging results such as X-rays, CT scans, or biopsies
  

Medical records are combined with work history to form a complete claim package. Miskin Law covers most record retrieval costs as part of its 1/3 contingency fee arrangement, meaning there are no upfront costs to the client.

Step Five: Using Prior Evidence from Other Clients

One of the advantages of working with an experienced firm is access to existing site evidence. Over decades of representing Canadian asbestos claimants, Miskin Law has accumulated affidavits, product lists, and verified exposure data for hundreds of industrial sites.

If a new client worked at a facility already documented by the firm, such as Stelco, Dofasco, Imperial Oil or Dupont, their claim can be supported with proven evidence of asbestos-containing products. This drastically increases the likelihood of approval by the trust funds.

Step Six: Secondary Exposure Claims

In many Canadian families, asbestos exposure did not occur in the workplace but rather at home. Workers unknowingly brought asbestos fibres home on their clothing and shoes, exposing family members who laundered the garments or hugged them after shifts.

These secondary exposure claims are recognized by many asbestos trusts. Family members who develop mesothelioma or asbestos-related cancers can qualify for compensation if they can demonstrate that the exposure source was a household member employed at a known asbestos site.

What If There Is Limited or No Evidence?

Even when records are missing or the worker passed away decades ago, compensation may still be possible. If the deceased worked at a plant, mill, or refinery that has been previously verified, a family affidavit combined with historical site evidence may be sufficient.

In cases where asbestos exposure cannot be verified at all, Miskin Law may advise filing a Workplace Safety and Insurance Board (WSIB) claim or exploring alternative compensation routes, including Johnson & Johnson talc exposure claims for individuals with no industrial exposure. If you were exposed through your work, you must pick to file a claim with the WSIB or a law firm, you cannot do both. Contact Miskin Law to discuss which avenue is your best option. 

Typical Compensation for Proven Asbestos Exposure

Compensation from asbestos trust funds varies depending on the strength of evidence, diagnosis, and personal circumstances. Typical results include:

• $600,000–$1,000,000 for living clients who can provide strong worksite evidence
  
• $1,000,000+ possible for younger clients or those with talc exposure claims
  
• $20,000 minimum for deceased clients with limited evidence
  

These settlements are not guaranteed but are based on Miskin Law’s historical averages for Canadian clients.

Why Choose Miskin Law

Miskin Law is Canada’s leading law firm handling asbestos trust claims, representing more mesothelioma clients than any other Canadian law firm. The firm’s comprehensive database of affidavits and worksite evidence makes it uniquely equipped to prove asbestos exposure in even the most challenging cases.

The firm operates entirely on a contingency basis, clients pay nothing upfront, and legal fees are collected only if compensation is secured.

Take the Next Step Toward Compensation

If you or a loved one has been diagnosed with mesothelioma, lung cancer, or another asbestos-related illness, proving exposure is the first and most important step toward justice. Even if you have no records or believe it’s too late to file, an experienced asbestos lawyer can often build your case using evidence from other clients and worksites.

Contact Miskin Law today to schedule a free consultation and learn how to prove asbestos exposure and file an asbestos trust claim in Canada.