Working as a commercial diver in the maritime industry can be a fun and rewarding career. However, just like other maritime jobs, commercial divers do face higher risks of personal injuries. Some of these injuries are the same as working onboard a vessel, such as:
- Fires
- Improperly Maintained Equipment
- Improperly Trained Crew
Commercial divers also face other risks because they spend their time working below the water, including but not limited to:
- Faulty Diving Equipment
- Faulty Tank Gauges
- The “Bends”
- Hypothermia
What Commercial Divers Are Covered by the Jones Act?
For personal injuries to be covered by the Jones Act, the commercial diver must meet the requirement of being a seaman working in the service of a vessel in navigable waters. Not all commercial divers are covered by the Jones Act.
Yet, the commercial diver may still be protected under other maritime laws, such as the OCSLA or LHWCA. Maritime laws can be complex. As such, it is always a good idea to consult with a qualified maritime attorney as soon as possible to discuss the circumstances of your injuries and situation.
What Injuries Are Covered by the Jones Act?
The Jones Act covers any type of injury where the diver can establish that the employer or another responsible party was partially at fault for their injuries. Injured divers can also claim benefits through Maintenance and Cure, where Maintenance covers normal standard living expenses and Cure pays for medical care and treatment.
Additionally, injured divers covered by the Jones Act may be entitled to file an injury claim through their maritime injury attorney for other types of monetary compensation, depending on the extent of their personal injuries.
What Steps Need to Be Taken After a Diving Accident?
The first thing is to seek medical care and treatment immediately. The second most important thing, once your injuries have been treated, is to speak with a maritime injury lawyer. It is highly recommended to speak to a lawyer before filling out an accident and injury report.
Your employer and their insurance company will use what you put on the form and say during the interview against you later should you file a lawsuit, as well as a means to try to limit what compensation you are entitled to receive.
To speak with a maritime attorney about your commercial diving accident and personal injuries, please feel free to contact Maintenance and Cure, part of Schechter, Shaffer & Harris, L.L.P., at 800-836-5830 today!
