diving injury lawyer’
A Diver’s Duties and How this Impacts a Jones Act Claim
Friday, January 29th, 2010
A commercial diver’s Jones Act claim may be impacted if the defendant or employers are able to prove that the dive injuries were partially caused by the diver’s own negligence. These issues may arise if a diver has
• Failed to act responsibly
• Failed to practice safe diving procedures
• Has acted with recklessness
• Has knowingly placed himself in danger
• Has disobeyed employer’s instructions
• Has disobeyed exposure limits
It’s important for divers to follow all safe driving practices like inspecting their gear before a dive, following all limits laid out by the decompression tables, and other instructions. Diving must be avoided in poor...
Dive Boat Injuries and Unseaworthiness Claims
Sunday, January 17th, 2010
As a maritime lawyer, I frequently represent commercial divers injured in accidents underwater. Most commercial diving work involves being in the water, unlike a lot of other seamen who may spend much of their employment working on board a vessel. However, this doesn’t mean that there are no commercial dive-related injuries caused by unseaworthy dive boats.
A dive boat must come equipped with equipment that helps the worker perform his activities safely. This includes communication equipment, ladders and platforms, and other gear. Most importantly, dive boats must come with all essential lifesaving equipment that can help an injured diver...
What Kind of Compensation is an Injured Diver Eligible For?
Sunday, January 17th, 2010
An injured diver may be eligible for compensation from a number of sources, depending on his status.
Maintenance and Cure
The most basic form of compensation for any injured commercial diver is maintenance and cure. Simply put, maintenance and cure refers to expenses relating to the diver’s daily needs and medical expenses. Maintenance is a daily allowance that is paid out to the injured diver for the period that he is unable to work. The amount of maintenance can vary depending on the offshore location of the seaman and other factors. The expenses must cover rent, groceries, utility...
Decompression Tables and How These Impact Diver Injury Jones Act Claims
Sunday, January 17th, 2010
Among the many ways that a maritime lawyer can hold a diving company negligent, is the failure to properly use decompression tables. Most diving injuries can be prevented, but unfortunately many occur because employers did not use these tables properly.
Decompression tables are also known as dive planners. These tables are cards that indicate the amount of time for which a diver can remain under water at a given depth, before he has to ascend. The tables must be developed carefully, and must include inputs by government agencies as well as other sources. They must be based on...
Diving Injuries can Occur Because of Malfunctioning Equipment
Sunday, January 17th, 2010
Dive injuries that occur because of malfunctioning diving equipment are some of the most serious accidents. Part of a dive boat owner or employer’s owner duties towards his employee is to provide well designed equipment made by reputed manufacturers, which meets all safety standards.
An employer may be negligent in a diving accident if he is found to have
- Failed to provide well designed, safe equipment
- Failed to undertake proper maintenance of the equipment, resulting in malfunctioning
- Failed to train employees to use equipment properly
- Failed to monitor...
A Diver’s Jones Act Rights from a Maritime Lawyer’s Perspective
Sunday, January 10th, 2010
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...
Diving Accident Lawyer – Are Diving Accidents Covered By the Jones Act?
Saturday, March 24th, 2007
Diving Accident Law
We handle diving accident and injury cases. One of the first questions in these cases, particularly in commercial diving cases, is whether the Jones Act covers commercial divers.
In 1992, in Ashley v. Epic Divers, Inc., the dive company argued that one of its employees, a freelance diver, was not a Jones Act seaman. The Court agreed. The Court reasoned that the diver was assigned to different vessels owned by differet owners and was therefore not a Jones Act seaman.
Dive companies have used this ruling to argue that divers only get Longshore benefits...
We handle diving accident and injury cases. One of the first questions in these cases, particularly in commercial diving cases, is whether the Jones Act covers commercial divers.
In 1992, in Ashley v. Epic Divers, Inc., the dive company argued that one of its employees, a freelance diver, was not a Jones Act seaman. The Court agreed. The Court reasoned that the diver was assigned to different vessels owned by differet owners and was therefore not a Jones Act seaman.
Dive companies have used this ruling to argue that divers only get Longshore benefits...
