Diving Accident Lawyer - Are Diving Accidents Covered By the Jones Act?
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 under the Longshore & Harbor Worker's Compensation Act.
In 1995, 1997, and 2005, the U.S. Supreme Court issued a series of opinions that provided some additional guidance on the question "Who is a seaman?" In these opinions, the Court focuses on the nature of the worker's work, not on some arbitrary "snapshot" test.
Currently, most commercial divers who are injured offshore will be Jones Act seamen. But like in most maritime and Jones Act cases, when you hire a lawyer, you need to hire a dive accident lawyer, not a general practitioner, or you risk losing lots of legal rights.
Diving Accident & Injuries - Proving Negligence
Generally, diving companies are responsible for diving accidents & injuries if they are guilty of doing something that a reasonably prudent diving company would not do.
What this basically means is that diving companies must follow standard policies and procedures, Coast Guard regulations, etc.
Unfortunately, in too many cases, the diving company fails to follow standard procedures or cuts corners on safety, resulting in serious diving injuries or even death.
The following are some examples of situations where a dive accident occured as a result of company negligence:
-lmproper decompression tables
-improper use of decompression tables
-using experimental tables
-operating outside the dive table limits
-ascending too fast
-improper medical treatment
-using improper equipment
-not enough manpower
-operating unsafely
-violating company or Coast Guard policies, or having inadequte or inappropriate company policies.
Diving injuries and accidents can be very serious, even life threatening. If you have experience a diving accident or injury, you should seek experienced legal representation in the form of a diving accident lawyer. To learn more about the Jones Act and maritime law, please visit the other posts on this website, or visit our main page at www.vbattorneys.com.
