Not every diver who ends up before a Jones Act lawyer will qualify for seaman status. For instance, a recreational diver will not qualify as a Jones Act seaman.
To qualify under the Jones Act, a commercial diver must pass the crucial 3-part test for Jones Act seaman status:
- He must be assigned to a dive boat that is in navigation.
- He must contribute to the dive boat’s mission or function.
- His connection to the dive boat must be substantial.
Failure to fulfill even one of these criteria can disqualify your claim under the ones Act. Although these criteria can seem simple enough, expect your employer’s lawyers to try all they can to prove that you don’t meet these three criteria.
A commercial diver’s status as a Jones Act seaman may also depend on some other characteristics. For instance, a diver who does not use diving gear, may not qualify as a Jones Act seaman even if he is assigned to a vessel.
However, even divers who do not qualify as a seaman under the Jones Act may still be eligible for compensation for their injuries under general maritime law. These include recreational divers, and other non-commercial divers.
In order to ascertain what kind of laws your injury falls under, it’s important that you discuss your case with an experienced maritime attorney who can explain your legal status to you. .
