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 bills and other daily expenses.
Cure refers to the medical expenses of the diver, including hospital expenses, doctor’s fees, and costs of prescription drugs. A diver is eligible for maintenance and cure payments regardless of whose fault the accident was. He may be eligible for maintenance and cure even if his own negligence contributed to the injury.
Claim of Negligence under the Jones Act
Besides maintenance and cure, a commercial diver may be eligible to file a claim against the employer for negligence. For this, the diver’s maritime lawyer must be able to show that negligence on the part of the employer caused the diver’s injury. Of course, a diver can only be eligible to file a claim of negligence if he meets the essential criteria for a Jones Act seaman.
- He must be assigned to a vessel
- that’s in navigation
- and must contribute to the vessel’s mission
Under the Jones Act, an injured diver may be eligible for damages for pain and suffering, loss of wages, lost future earnings, loss of enjoyment of life, and as per a recent Supreme Court decision, even punitive damages.
Claim of Unseaworthiness
Finally, an injured diver may also be eligible to file a claim of unseaworthiness against the dive boat owner, if the injury is caused by unsafe conditions on the vessel. These claims are separate from your Jones Act claim, although they may be filed along with your Jones Act claim. Unseaworthiness claims are filed against the vessel owner and not the employer, although in most cases, these two entities may be the same.
The Jones Act offers a seaman additional options for recovery, which may make a dramatic difference to the award the diver finally ends up with. That’s why it’s important for commercial divers to ascertain that they qualify under the Jones Act before they file a claim. A maritime lawyer can help clarify if the diver meets Jones Act criteria.
