The Longshore and Harbor Worker’s Compensation Act is designed to provide compensation for disability or death which results from injury to employees in certain maritime employment. This Act generally covers employees who load and off-load ocean going vessels, and workers who provide a variety of ship repair duties, including working on dry docks and shops directly adjacent to a ship repair facility. In some instances the LHWCA can be used when commercial divers are injured while working.
Industrial Diving Accidents
Injured commercial divers may also make a Jones Act claim against their employers when it is determined that the employer has acted in a negligent manner. Proving negligence is not easy. Our law firm will be able to assist in determining if the company or employer failed to act in a reasonably prudent manner that would have prevented the accident, or if the employer performed some act that should not have been done. In other words, the employer must have failed to exercise ordinary care or otherwise violated standards recognized within the diving industry.
Recreational Scuba Diving
Many of the same standards apply for recreational diving accidents as commercial diving accidents in that there needs to be proof of negligence. Negligence occurs when a dive company fails to maintain equipment, has defective equipment, does not properly train staff leading to improper supervision, or if the company has not adhered to safety manuals.
The most dangerous risk a scuba diver faces is decompression sickness, also known as “the bends”. This occurs when a diver returns to the surface too quickly. While diving, pressure underwater causes nitrogen from the air the diver is breathing to dissolve in the body. Nitrogen bubbles, which form in the blood stream, can cause a variety of problems. Minor injuries may include joint pain as well as skin problems. In more serious cases, paralysis, blindness, brain injuries, and even death may result.
Call Us - Your Diving Incident Attorney
If you have sustained an injury, or if your loved one has died as the result of a diving accident, whether commercial or recreational, contact our office for a free consultation so we can assist you in recovering the compensation you deserve.