If you’re a commercial diver and have been injured in a diving accident while offshore, it’s vital that you pause rather than panic. Maritime law was instituted in order to protect your legal rights at times just like this one; and since the Jones Act was written with an eye toward providing maritime workers with more legal rights than are afforded to those working on land, the law is definitely on your side. This quick, simple checklist will help ensure that your rights are protected after a commercial diving accident.
Medical Support
Before worrying about anything else, seek medical support by locating a qualified hyperbaric physician. Be sure to follow his or her advice to the letter, as this will give you the best chance of making a successful recovery. Under maritime law, injured divers are entitled to their choice of medical provider. After an accident, your contractor is legally obligated to pay for your medical expenses, along with travel to and from medical facilities and appointments as well as lodging if necessary.
While waiting to be seen, have a friend or loved one sit down with you and make note of all of your symptoms and medical complaints. If you have any questions for the doctor, be sure to write them down. Having notes will help ensure your doctor gets a complete picture of what is happening with you, and it will prevent you from forgetting to list any symptoms or ask any important questions concerning your injury, treatment, or potential prognosis.
Ask for copies of all medical records pertaining to your case. Your employer will have access to these, as will the company’s insurer and legal representatives. You should have exact copies of the same information these people have access to, whether you believe you will need to file a personal injury claim or not.
Documentation
It’s vital that you secure and copy all documentation concerning the dive profile, along with decompression and recompression and any on-site medical treatment you may have received. Vessel logs, dive logs, and documentation concerning field neurological examinations are a few examples of the type of documentation you will need to obtain. In addition, be sure to get a copy of the accident report, along with any witness statements which may have been made.
If at all possible, avoid giving an oral or written statement about what happened until you have had the chance to speak with an attorney who specializes in commercial diving accidents. This doesn’t mean you have to retain the attorney; just speaking with one will prove to be valuable. If anyone tells you that you must make a statement before the company can authorize maintenance payments, that person is providing erroneous information. Knowing the law will prevent you from being victimized.
Be certain to maintain a log of all events which have occurred since your injury. Make notes about all symptoms and their progress, and be sure to note all doctors’ visits. Include times and dates so that you can provide solid information later, should the need for legal representation arise.
Be sure to take medical advice only from medical professionals, and be sure to take legal advice only from legal professionals – preferably from an attorney who specializes in maritime law and who is familiar with commercial diving. Finally, don’t be in a huge rush to get back to work. It’s vital that you be whole and healthy before resuming your career as a commercial diver.