Commercial diving is one of the most dangerous jobs in the maritime industry. Divers face the risk of severe injuries, long-term health complications, and even death every time they go underwater.
Unfortunately, some employers try to deny divers their rightful compensation, claiming they are not classified as “seamen” under the Jones Act. This tactic allows employers to avoid paying benefits and shields them from negligence lawsuits.
If you’ve been injured while diving, it is critical to speak with The Maritime Injury Law Firm before making any statements to your employer or their investigators. We have decades of experience helping offshore workers fight for the compensation they deserve after maritime accidents.
The Dangers of Commercial Diving Work
Commercial divers are often tasked with complex and hazardous assignments. Whether working on underwater construction, inspecting ship hulls, or maintaining offshore rigs, divers rely on extensive training and specialized equipment to stay safe.
Despite these precautions, serious injuries can occur. Two of the most common and life-threatening diving injuries include:
- Decompression sickness (the bends): This condition can cause severe joint pain, paralysis, or even death if not treated promptly.
- Air embolisms: A dangerous blockage of blood vessels that can lead to stroke or fatal complications.
Other potential injuries include traumatic brain injuries, drowning, and permanent damage to the lungs or nervous system.
The Jones Act and Commercial Divers
The Jones Act is a federal law designed to protect offshore workers. It entitles qualified seamen to maintenance and cure benefits and gives them the right to sue their employer for negligence.
To qualify as a “seaman” under the Jones Act, a commercial diver must meet specific criteria:
- Their job duties contribute to the function or mission of a vessel in navigation.
- They must have a substantial relationship to the vessel in terms of nature and duration.
This is often straightforward for divers employed full-time by one company, but freelance or contract divers may face additional legal hurdles.
Maintenance and Cure
If you are injured as a commercial diver, you are entitled to maintenance and cure under the Jones Act.
- Maintenance covers your day-to-day living expenses, such as housing, utilities, and food.
- Cure covers medical expenses, including doctor visits, treatments, and transportation to medical appointments.
These benefits are available regardless of whether your employer was negligent. However, if negligence played a role in your accident, you may be able to sue for additional compensation.
Employer Negligence and Commercial Diving Accidents
Employers are required to provide safe working conditions for commercial divers. Failing to meet this obligation can make them liable for your injuries. Examples of employer negligence include:
- Inadequate safety training
- Failure to maintain diving equipment
- Forcing divers to work in unsafe conditions
- Insufficient rest breaks leading to fatigue-related accidents
Even minor lapses in safety standards can lead to devastating outcomes underwater.
Other Compensation Options for Commercial Divers
If you do not qualify for Jones Act benefits, you may still have options:
- Workers’ compensation: Some divers employed by contracting companies may be eligible for benefits under their employer’s workers’ compensation policy.
- Longshore and Harbor Workers’ Compensation Act (LHWCA): This federal program protects injured maritime workers who do not meet the Jones Act’s definition of “seaman.”
Keep in mind that maritime injury claims have a statute of limitations of three years from the date of injury or the date you discovered your injury.
Contact The Maritime Injury Law Firm Today
If you’ve been injured while working as a commercial diver, do not let your employer deny you the compensation you deserve. George Vourvoulias and the team at The Maritime Injury Law Firm will fight for your rights and ensure you get the full benefits owed under maritime law.
Contact us today for a free, confidential consultation.
