Whether you dive recreationally or for work, you likely already know the serious dangers that divers face. Even with the proper equipment and training, diving can still lead to severe or fatal injuries. It’s crucial that divers, especially those who regularly dive as part of their work, understand their rights under maritime law after an accident. BoatLaw, LLP is committed to helping injured maritime workers get the compensation they deserve after accidents.
With our diving accident law firm’s exclusive focus on maritime accidents, we have the in-depth experience and education needed to handle even the most complex maritime law cases. If you’ve been injured, our diving accident attorneys can advocate for you as you pursue compensation. Call us at 1-800-BOATLAW to set up a consultation.
Common Types of Diving Accidents
The very nature of diving makes it a dangerous endeavor, hence the need for diving accident attorneys. Those who work as divers—for example, in salvage or retrieval—are at risk of becoming complacent as they become more and more experienced. Experienced divers may skip important safety checks, gear, or protocols in an effort to save time. Potential injuries that may arise in diving include decompression sickness or “the bends,” arterial gas embolisms, nitrogen narcosis, and drowning. Each accident is different—some are the result of unsafe equipment, equipment failures, or inadequate support. Unfortunately, some are completely unavoidable and are simply the result of bad luck.
A Diver’s Responsibilities
There are responsibilities on both sides of this equation—a maritime employer has obligations to their employees, and divers have a responsibility to minimize the risk of accidents. Divers must always follow established safety protocols, even when doing so puts them behind schedule or puts them at risk of pressure from coworkers. They should also be aware of their own physical health and wellbeing at all times. Any illness, weakness, or fatigue should be reported to their employer and may warrant a delayed dive. While divers often feel pressure to stay on schedule, they should not do so at the expense of their own health and safety.
Finally, divers must know the limits of their training and experience. There are no awards for pushing safety limits and putting yourself in a risky situation for the benefit of your employer—and in fact, doing so could cost you your life.
Maritime Law
When someone is injured while diving, it’s important to know the role that maritime law plays in their rights and responsibilities. If a diver is working at the time of their accident, they are covered by general maritime law. This entitles them to maintenance and cure. However, beyond that, they likely also qualify for additional protection under the Jones Act. The Jones Act allows injured maritime workers to seek additional compensation if their injuries are the result of their employer’s negligence. As a result, they may be entitled to compensation for pain and suffering, lost future wages, and other damages. If a diver dies due to their injuries, their surviving dependents may receive wrongful death benefits with the help of a diving accident lawyer.
Pursuing Compensation
A diver’s ability to recover compensation often depends largely on their knowledge of their rights and their employer’s commitment to those rights. Ideally, an employer will go to bat for their employee to ensure they get the maintenance and cure they are entitled to. If the employee may also receive additional compensation under the Jones Act, it’s important to connect with a diving accident lawyer to pursue a claim against their employer.
Recreational Diving
What about accidents that affect recreational divers? Divers may still be entitled to compensation. Companies that provide recreational diving experiences are required to ensure that participants are fit to dive. This means verifying that they are strong swimmers, that they have the proper equipment, and that they are familiar with safety protocols. If a company fails to vet each participant or provides unsafe equipment, accident victims may benefit from the assistance of a diving accident law firm.
Get the Assistance You Deserve With BoatLaw, LLP
If a diving accident has left you injured and struggling, we are here to help. Learn more about your legal options now by connecting with our team of maritime attorneys—just get in touch online or call us at 1-800-BOATLAW.
Douglas R. Williams was raised in a military family. After retiring from the armed forces, his father sailed as the chief medical officer with many of the most popular cruise lines, including Holland America Line, Carnival Cruise Line, Disney Cruise Line, and Norwegian Cruise Line. When not in school, Doug spent a good part of his youth in the crew quarters sailing with his father on cruise ships. He developed a practical knowledge of the maritime industry from a young age. Learn More here.
