I am a commercial diver and I was injured at sea. Who pays for my medical care?

If you work as a commercial diver, you know your job is risky. An underwater accident may lead to drowning, respiratory and circulatory problems, or hypothermia. It is important that your employers provide you with the proper training and safety equipment to do your job in the safest way possible.

If a commercial diver is injured while at work, responsibility for medical care for the injury is determined by the diver's status as a seaman. In general, divers who spend more than 30% of their time on a vessel or fleet of vessels that are in navigation qualify as Jones Act seamen. A Jones Act seaman is eligible for maintenance and cure benefits from his employer.

Maintenance refers to an employer’s responsibility to assist an injured seaman with your living expenses while he is recuperating from his injuries. Maintenance payments are generally between $20 and $30 a day. They are paid until the seaman reaches maximum medical cure, the point where his condition can no longer improve.
Cure refers to payment for medical expenses.

Jones Act seamen are eligible for maintenance and cure regardless of who is at fault for their injury. If the employer is found to be at fault for an injury either through negligence or an unseaworthiness claim, the seaman might be eligible to file a Jones Act Lawsuit for additional damages.

A diver who works as a contract employee and moves back and forth between vessels with different owners will be covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA). LHWCA is a form of worker’s compensation for offshore workers. LHWCA benefits cover the costs of medical, surgical and hospital services and supplies as well as disability payments while the diver is unable to work.

If you or someone you know has been injured as a diver, contact an experienced Louisiana maritime attorney at the The Young Firm at 866-938-6113 for more information about your rights under maritime law.

When you call, request a FREE copy of our book: “Employee's Guide to Maritime Injury Law.”