Commercial diving accidents are among the most dangerous incidents that can occur in the maritime industry. When a diver is injured while working offshore, under docks, or doing ship maintenance, specific protections under maritime law may apply. Understanding these protections is critical for injured divers and their families.
Commercial diving accidents often result in life-altering injuries, including paralysis, traumatic brain injuries, and/or drowning. In many cases, employers may fail to follow proper safety regulations, making it crucial that affected divers secure competent legal representation. Divers must act quickly to preserve evidence, protect their rights, and pursue fair compensation under complex maritime injury laws that govern their unique work environment.
Understanding the Risks of Commercial Diving Work
Commercial divers face unique hazards, including decompression sickness, equipment failures, entrapment, and exposure to underwater currents. These hazards often come with complex legal ramifications. Whether a diver is injured working in oil and gas, salvage operations, or port maintenance, an accident can result in serious injury or death.
The demanding environments divers operate in require strict safety protocols, yet lapses in supervision, faulty gear, or employer negligence can quickly lead to disaster, leaving divers and their families facing devastating consequences.
Common Causes of Commercial Diving Injuries:
- Faulty or poorly maintained diving equipment, including air tanks, regulators, helmets, and communication systems
- Lack of proper dive planning or safety protocols, which increases the likelihood of underwater emergency situations
- Inadequate training or lack of experienced supervision, especially during high-risk or deep-water dives
- Failure to monitor or follow decompression schedules, resulting in serious conditions like decompression sickness
- Collisions with boats or platforms due to poor visibility, miscommunication, or operator negligence.
What Maritime Law Says About Diver Injuries
Commercial divers are typically classified as seamen under the Jones Act and other maritime statutes. This classification gives them the right to pursue compensation beyond standard workers’ compensation. A diver who can show employer negligence may be entitled to damages for lost wages, medical care, pain and suffering, and future earnings.
Additionally, they may qualify for maintenance and cure benefits, which cover daily living expenses and medical treatment during recovery. The Jones Act provides powerful legal tools to ensure that injured divers are not left to bear the financial and emotional burden of a workplace accident alone.
When a diving accident occurs, legal avenues for recovery may include:
- The Jones Act: Covers negligence-based claims for seamen, including commercial divers.
- General Maritime Law: Provides for maintenance and cure—basic living expenses and medical care until maximum recovery.
- Death on the High Seas Act (DOHSA): For fatal accidents that happen more than three nautical miles from shore.
“Commercial divers work in one of the most dangerous occupations. Safety protocols, redundancy systems, and proper training are vital to preventing injuries and fatalities.”
— CDC – National Institute for Occupational Safety and Health
How an Attorney Can Help Injured Commercial Divers
Working with an experienced maritime injury attorney is essential after a diving injury. A maritime attorney can gather dive logs, incident reports, and equipment maintenance records to build a strong claim. They can also help injured divers fight for full compensation, not just basic maintenance and cure.
Hiring the right offshore injury lawyer ensures that a victim’s rights are protected under the appropriate jurisdiction. Many commercial diving operations occur across state and international waters, making jurisdiction a critical issue.
Case Evaluation for Injured Divers
Many injured divers are unaware that they may be eligible for damages that go far beyond medical expenses. A free case evaluation can help determine whether the incident qualifies under maritime law statutes.
Contacting a Jones Act injury lawyer quickly is essential to ensure that relevant evidence is preserved. This includes key witness testimony, dive records, and employer safety logs—critical components in building a compelling legal case that maximizes compensation and holds negligent parties fully accountable.
Contact a Trusted Maritime Law Firm
At BoatLaw, LLP, we have decades of experience representing injured divers in complex maritime injury claims. We understand the unique challenges divers face and know how to fight to secure maximum compensation on their behalf when things go wrong.
To learn more about your legal rights and options, contact our team.
Legal Disclaimer
The information provided is for educational and informational purposes only. The information on this website is not intended as legal advice and should not be used as a substitute for consulting a licensed attorney. Legal outcomes and laws can vary by jurisdiction, and only a qualified lawyer can provide guidance tailored to your situation.
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.
