Most diving
accidents occur because of poor equipment,
inadequate training, or inadequate supervision.
At Kraft & Associates, we can uncover negligence
that often leads to diving-related personal
injuries.
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 must 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.
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.
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