Posted by: rzehl
January 12, 2010
Topic: The Jones Act

Commercial divers are essential to the oil and gas industry's operations in the Gulf of Mexico. Without qualified personnel to physically carry out complex tasks beneath the surface of the ocean, the entire American oil and gas industry would grind to a halt. Unfortunately, even though they are indispensable to the work of oil and gas producers, offshore divers still run the risk of being wronged by their employers following an on-the-job injury or illness. If you or someone you love has been injured in a commercial diving accident, contact the experienced Texas Jones Act lawyers at Fitts Zehl, LLP today for a free consultation. A commercial diver may qualify as a Jones Act seaman as long as he is assigned to, and contributes to the overall function of, a particular vessel or fleet of vessels in navigation. This would allow the diver to sue his employer for any negligence in connection with his injury. Further, if a diver is injured by faulty or defective breathing equipment, he may also have a claim against the manufacturer. Unfortunately, freelance divers who move from ship to ship may have a harder time establishing a connection to a particular vessel and, as such, may not qualify for seaman status under the Jones Act. Freelance divers will instead be covered by the less favorable Longshoreman and Harbor Workers' Compensation Act (LHWCA). Under the LHWCA, an injured non-seaman will receive compensation based upon a set schedule found within the Act.

Each and every day, commercial divers face difficult, potentially life-threatening situations at sea. A few dangers to be aware of include:

•· Negligence - When a diver is underwater, he relies on those around him for safety. The negligence of a captain, crew member or employer can easily place a diver's life in jeopardy. Without a well-trained, attentive support team, the diver is at the mercy of the ocean.

•· Soft-Tissue Injuries - Although not as common today thanks to improvements in equipment and techniques, divers still run the risk of soft tissue injuries resulting from exposure to water pressure at depth. Excessive pressure can cause serious sinus or ear pain, leading to panic and even death in extreme cases.

•· Decompression Sickness - Rapid changes in barometric pressure, caused by ascending or descending too quickly, can cause the formation of painful bubbles within a diver's body. This condition, known as "the bends", is potentially life-threatening and treatment usually requires the use of a decompression chamber.

•· Skin Irritation - The ocean is home to a variety of marine life, both flora and fauna, that can be dangerous to divers. Even worse are the man-made hazards that may be present in the water including benzene and other caustic chemicals associated with oil and gas production.

•· Hypothermia - Exposure to frigid ocean temperatures can cause hypothermia in a matter of moments if a diver is not properly protected.

In an effort to promote safety, every single person involved in a diving project, from the diver to the vessel operator, must comply with the Diving at Work Regulations (1997). These regulations are not hard and fast rules. Instead, these regulations simply require the employer to risk assess each individual's role in any dive project so that the proper precautions may be taken to ensure safety.

Any company that commissions a dive project has a duty to ensure that the diving contractor is certified, as well as competent, to perform the required tasks. The company is also responsible for locating, identifying and informing the divers of any potentially dangerous obstacles, contaminated water or other hazards that may pose a problem. In the event of an emergency, the company is required to provide support in order to minimize the risk to life.

The diving contractor can ensure group safety by carefully preparing the dive plan and effectively communicating it to the other members of the project. Also, by inspecting any and all equipment to be used in the dive, the diving contractor can reduce the chances of a catastrophic equipment failure while submerged. Thorough record-keeping will also help by indicating what exactly has and has not been done in preparing for a dive. It is important that each member of the dive project keep his or her own written records of what takes place for future reference. The Jones Act trial lawyers at Fitts Zehl, LLP have the knowledge and experience necessary to represent you. We handle clients from throughout the Gulf Coast region including Texas, Louisiana, Mississippi and Florida. Contact us today for a free case evaluation.

Commercial Diving: Risks and Dangers at Sea

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