Commercial Diving Injuries & The Jones Act

Commercial divers may or may not be covered by the Jones Act. Coverage depends on many factors including the place of the accident, relationship to the employer (contractual or independent contractor), where inland or offshore, type of vessel or platform the dive did the dive originate, whether the diver was injured or killed beyond territorial waters (3 miles), whether other entities, persons, or companies were partially negligent, was the injured or killed diver a member of the crew of a vessel or was the injured diver qualifies as a Jones Act seaman.
Any commercial diver injured offshore should be very careful to not commit or admit to a position of employment status or designation without first consulting with a amritime attorney. Often times the employers will try and convince the worker that they are covered by workers compensation or the longshore and harbor workers act and not entitled to the benefits of recovery under the Jones Act and later upon discovery of all of the facts, the true seaman status of the injured commercial diver is revealed. Incorrect admissions to designations of employment or duties can seriously damage your Jones Act Claim and other potential third party claims against other non-employers or claims under the Death on the High Seas Act.(DOHSA)

Diving Injuries and Decompression Sickness

Deep-sea diving or diving with a self-contained underwater breathing apparatus (scuba) can cause medical problems such as air embolism and decompression sickness that can be fatal if not treated promptly. High pressure under water is caused by the weight of the water above, just as barometric (atmospheric) pressure on land is caused by the weight of the air above. Arterial gas embolism is caused by an overexpansion of the lungs, which results in torn alveoli and release of air into the pulmonary capillaries. The air bubbles then travel through the heart and may find their way to the brain, where they cause symptoms similar to those of a stroke. AGE may present severely, causing the diver’s immediate collapse and death upon surfacing, or it may mimic the neurologic symptoms of decompression sickness. Decompression sickness, also known as the ‘bends’ or Caisson’s Disease, is a function of Henry’s Law which states: The amount of gas dissolved in a liquid is proportional to the partial pressure of the gas in contact with the liquid.

Commercial Diving Accident Lawsuit

This law firm has represented many injured offshore workers including commercial divers (both inland waters and offshore ). In fact one of the most tragic diving cases this firm has represented involved the death of commercial diver who was sucked into and trapped in a drainage pipe at the IMC plant in Bartow, Florida. This young man was employed by Need A Diver Service Co., a commercial diving company in Florida. Suit was filed against the IMC, Inc the chemical plant for ordering the diver into waters that they knew or should have know were dangerous, and for their negligence in not reducing or stopping the water flow into the drain by the simple construction of a coffer dam. A confidential out of court settlement was reached in this case. Our firm has also represented other commercial divers in decompression injuries, and incorrect air/gas mixture cases.
If you have been seriously injuried while as a commercial diver or as a seaman or worker on a vessel, ship or platform or any other type of structure and you would like to know more what can be done to protect your legal rights, then call for a free confidential consultation.

If you have been injured on a ship, rig or vessel that you believe was unseaworthy or that your injuries were caused in part by the negligent conduct of your Jones Act employer or fellow seaman or due the negligence of a third party company or it's employee or due to a defective or dangerous product, then call a Maritime Personal Injury Lawyer for a FREE CONFIDENTIAL CONSULTATION at 1-800-883-9858 or 1-800-468-4878.