A recent incident off the coast of California involving a diver brought my attention to the rights of commercial divers under the Jones Act. According to this report, a 42-year-old male diver had to be medevaced from a vessel off Point Conception, California. The man was reportedly suffering from dive-related injuries.
Is a Commercial Diver Eligible for Jones Act Rights?
Whether a diver is covered under the Jones Act will depend on several factors. The most important of these is his connection with the vessel. If a commercial diver fulfills three essential conditions to be eligible for Jones Act seaman rights, he may be eligible for cover.
- He must be assigned to a vessel
- In navigation
- And his duties must contribute significantly to the mission of the vessel
A diver who works independently, and may be contracted by several vessels, therefore, may not have the significant connection with one particular vessel that is an essential requirement of a Jones Act claim.
A commercial diver may also be considered eligible for a Jones Act claim if he makes use of breathing apparatus on a dive, unlike a free diver. A free diver, even if he is assigned to a vessel may not be considered eligible for a Jones act claim, because of the failure to use breathing apparatus.
I Don’t Meet Jones Act Seaman Criteria. What do I Do?
Commercial divers, who find that they are not eligible for Jones Act seaman status, need not despair. They may be eligible for compensation under other maritime laws. For instance in the past, some commercial drivers have been found eligible for cover under the Longshore and Harbor Workers’ Compensation Act. If injury or death occurs because of defective diving gear, then a seaman, or his family in case of a wrongful death action, may be able to bring claims against the manufacturer of the diving equipment. Your maritime lawyer will file these claims under general maritime law.
If you have questions about whether you meet the criteria for Jones Act rights, please contact a maritime attorney at my firm.
