Are commercial divers covered under Jones Act Law?

The Jones Act is the most widely recognized maritime law protecting the rights of injured seamen. The Jones Act makes an employer responsible for damages sustained by an injured worker as a result of the company’s negligence, the negligence of another employee, or the unseaworthiness of a vessel. Maritime workers who are protected by the Jones Act are eligible for financial compensation for medical expenses, pain and suffering, loss of wages, loss of earning capacity, and other damages.

Historically, the courts have recognized commercial divers as Jones Act seamen if they meet the following criteria.

1. The diver’s job duties contribute to the function or mission of a vessel in navigation.

Divers who dive from a dive vessel or a vessel that is provisioned and manned for the purpose of commercial diving fill this requirement. Divers who dive from land-based structures do not.

2. The diver must have a relationship or attachment to the vessel in navigation that is substantial in both “nature and duration.”

This criterion is easily met by divers who work solely for one company, but a freelance diver who works for various companies may have difficulty proving Jones Act seaman status.

A Jones Act diver must be able to prove that the company’s negligence contributed to his injury. He must show that the company failed to exercise ordinary care under the circumstances that led to the accident. Negligence may occur because the vessel is unseaworthy, equipment is not maintained, there is not enough safety equipment, the diver is assigned tasks for which he has inadequate training, or medical help is not provided when needed. For example, a diver who sustained a decompression injury may need to show that the company used a decompression table unsafely or used an unsafe decompression table. Or, he may have a claim if he showed signs of decompression sickness or air embolism and did not receive proper and immediate medical attention.

Divers who are not covered by the Jones Act may be covered under the Longshore and Harbor Workers Compensation Act (LHWCA). These workers cannot recover damages as in the Jones Act, but are limited to payments that are based on their average weekly salary.

If you have been injured in a Louisiana or Texas diving accident, you may not be sure if you covered by maritime law. The maritime attorneys at The Young Firm can help you. We can determine which laws cover your injuries and how much compensation you are entitled to. Contact our office at 866-938-6113 to schedule a free consultation.