While commercial divers can suffer critical injuries and even die because of negligence on the part of their employer, not all divers qualify as Jones Act seamen and may not be eligible to file claims under the law.
For a commercial diver to meet the requirements, he or she must first satisfy the first condition. This means the diver must be assigned to a dive vessel in navigation and contribute to the mission of the vessel. Because these requirements are vague and can cause confusion, an employer might try to deny Jones Act seaman status to an injured commercial diver to deny the rightful compensation. If the diver is unaware of his status under the law, it can be easy for an employer to get out of paying the deserved compensation.
Not all divers will be eligible for compensation under this law, though. Freelance divers or independent contractors may not qualify as Jones Act seamen, for example. Divers working for commercial or offshore diving companies might qualify, though. Factors such as the type of vessel being used in the dive operation and the location of the dive can also affect the determining of the diver’s status.
Maritime lawyers often find that employers will try to confuse commercial divers injured in accidents and try to convince him that he qualifies for compensation under other maritime statutes or workers’ compensation laws. If you were involved in a diving accident, it is critical that you consult a maritime attorney about your seaman status before making any decisions about filing a claim.
