A work history affidavit is one of the most important documents in a mesothelioma claim. For many Canadians, asbestos exposure happened decades ago, long before anyone knew the dangers of the material. When victims or their families are diagnosed with mesothelioma, the single most powerful piece of evidence they can provide is a sworn affidavit describing where and how exposure occurred.

In Canada, mesothelioma compensation can be obtained through asbestos trust claims, not lawsuits. These claims rely heavily on documented proof of exposure, and the work history affidavit is the foundation of that proof. This article explains what a work history affidavit is, why it matters, and how Miskin Law helps clients build strong affidavits to support successful asbestos claims.

What Is a Work History Affidavit?

A work history affidavit is a sworn legal document that outlines a worker’s employment history, job duties, and contact with asbestos-containing materials. It serves as firsthand testimony from the individual who experienced the exposure. The affidavit is used as evidence in asbestos trust claims to show that a claimant was exposed to asbestos manufactured by certain companies or used at specific worksites.

In Canada, where asbestos trust claims replace traditional lawsuits, the affidavit is essential. Without it, the trusts have no way to confirm that asbestos exposure occurred or link it to a particular employer or product.

Why the Work History Affidavit Is Critical for Mesothelioma Claims

Because asbestos-related diseases can take 20 to 50 years to develop, many claimants no longer have employment records or access to witnesses. A work history affidavit fills that gap. It provides detailed personal recollection about where, when, and how asbestos exposure happened, allowing asbestos trusts to verify the claim.

This document is especially important when:

The worker’s employer has gone out of business or no longer retains records.
The claimant worked across multiple job sites and needs to document each one.
Exposure occurred decades earlier, and co-workers may no longer be available.
The worker is deceased, and a family member must provide information through a family affidavit instead.

In every scenario, the affidavit serves as the key evidence connecting a diagnosis of mesothelioma to occupational asbestos exposure.

What to Include in a Work History Affidavit

In every scenario, the affidavit is the key evidence that links a mesothelioma diagnosis to past asbestos exposure. At Miskin Law, this document is prepared for you. You are not expected to draft it on your own.

How we prepare a work history affidavit
We start by sending you a simple questionnaire about your work history. You complete it in your own words. We then review your answers, confirm the important details, and draft a clear affidavit that reflects your job sites and the exposure conditions you faced. You review it, request any edits you want, and sign once you are comfortable with the final version.

This process gives trust fund administrators the information they need in a format they recognize, without placing any burden on you to know what details are required or how the document should be written. Our goal is to make this as easy as possible during a difficult time.

This detailed narrative allows asbestos trust administrators to match the claimant’s history with product evidence and previously approved cases from the same worksite.

Worker vs. Family Affidavit

When the worker is still living, they complete the affidavit themselves and have it notarized. This is ideal because first-hand testimony carries the most weight.

If the worker has passed away, a family member, such as a spouse or adult child, can sign a family affidavit. In this document, they provide as much information as possible about the deceased’s job history and exposure. For example, they might recall that their spouse worked at Stelco in Hamilton, Dow Chemical in Sarnia, or Dupont in Kingston, all sites where asbestos exposure is well-documented.

Even if the family doesn’t know all the details, Miskin Law can supplement the affidavit with evidence from previous clients who worked at the same site. This collective historical data significantly strengthens new claims.

How Work History Affidavits Are Used in Asbestos Trust Claims

Asbestos trust funds were created by U.S. companies that manufactured asbestos products before declaring bankruptcy. These companies were required to set aside money for victims of asbestos exposure worldwide, including Canada.

Each trust has specific requirements for proving exposure. When a Canadian client files an asbestos claim, the work history affidavit is submitted alongside medical evidence confirming diagnosis. The trust administrators then review:

Whether the asbestos products mentioned in the affidavit were used at the listed worksites.
Whether the company named in the trust was responsible for those products.
Whether the level of evidence meets their payment criteria.

If all criteria are satisfied, the claimant receives compensation directly from the trust fund.

How Miskin Law Helps Clients Build Strong Work History Affidavits

Miskin Law is Canada’s leading law firm handling asbestos trust claims. Over decades of representing mesothelioma victims, the firm has compiled one of the largest databases of verified exposure evidence in Canada.

This means that even if a client cannot remember all the details, Miskin Law can often locate prior affidavits, product lists, and site records from previous cases. For example:

A worker who spent the 1970s at Stelco or Dofasco may have their exposure confirmed through earlier affidavits from the same plant.
A deceased Dow Chemical or Dupont employee’s family may rely on existing site evidence to verify asbestos use.

This accumulated historical proof allows new claimants to submit credible affidavits supported by multiple layers of corroborating evidence, dramatically improving their chances of approval.

What Happens If There Are Gaps in Memory or Records

Even if you no longer recall exact dates or job titles, a general timeline can still support a valid claim. Lawyers can help reconstruct missing details by:

Reviewing union records or pension files for employment history
Comparing your statements with previous site affidavits
Identifying asbestos-containing products commonly used at that worksite during those years

If all else fails, family members’ statements can still provide enough foundation for certain trust funds to approve partial compensation.

Typical Compensation Ranges for Proven Claims

Approved asbestos trust claims generally fall within these ranges:

$600,000 to $1,000,000 for living claimants with strong affidavit and medical evidence
$1,000,000+ for younger claimants or Johnson & Johnson talc exposure cases
$20,000 minimum for deceased claimants with limited documentation

These amounts depend on the quality of the affidavit, available corroborating evidence, and which trust funds the claim is filed with.

Contingency Fees and Process

Miskin Law operates on a 1/3 contingency fee basis, meaning clients pay nothing upfront. The firm handles the preparation, notarization, and submission of all affidavits and supporting documentation, ensuring that claims meet every technical requirement.

The process typically includes:

An initial consultation to review work and medical history.
Drafting the affidavit with the client or family member.
Collecting corroborating site evidence and medical records.
Filing claims with multiple asbestos trusts.
Following up until compensation is issued.

Taking the First Step

If you or a loved one has been diagnosed with mesothelioma or another asbestos-related disease, a work history affidavit is the foundation of your claim. Even if the exposure occurred decades ago, or the worker has passed away, Miskin Law can help gather the evidence needed to secure fair compensation through asbestos trust funds.

Contact Miskin Law today to schedule a free consultation and begin preparing your work history affidavit for a mesothelioma claim.

Work History Affidavit for Mesothelioma: How It Proves Asbestos Exposure and Secures Compensation