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Commercial divers repair hulls, weld pipelines, and inspect offshore rigs, all while hundreds of feet below the surface. One faulty regulator or careless supervisor can turn that shift into a life-changing event.
At Shlosman Law Firm, we understand the dangers of deep-water work and the uphill battle divers face when medical bills pile up. Our team steps in quickly, gathering facts and pushing companies to cover every dollar you are owed.
Legal Overview of Commercial Diving Accidents
Divers who spend their workdays on or beneath navigable waters have rights under federal maritime laws. The Jones Act lets injured seamen sue an employer for negligence, while general maritime law provides “maintenance and cure,” a daily living allowance plus medical care until you reach maximum recovery.
Dive contractors must follow safety rules on training, decompression plans, and equipment checks. When a company skips these steps, courts can hold it liable for medical costs, lost wages, and non-economic harm. Louisiana courts often apply both state and maritime rules, so quick legal guidance helps keep your claim on track.
Recent Cases
Here is a brief overview of one of the more interesting cases related to commercial divers and their relation to the Jones Act. The Fifth Circuit reversed a lower court’s decision in Santee v. Oceaneering International Inc. USA (2024), ruling that plaintiff Shanon Roy Santee could potentially prove his “seaman” status under the Jones Act. This determination meant his maritime personal injury case was improperly removed from state court.
The court found Santee’s ROV technician duties contributed to the vessel’s mission, were sea-based, and showed a substantial connection to the vessel. Concluding his Jones Act claim wasn’t fraudulently pleaded, the Fifth Circuit sent the case back to state court.
This matters because it confirms that commercial diving crews are, in fact, covered by the Jones Act.
How Shlosman Law Firm Advocates for Injured Divers
Each diving accident holds its own story. We treat every case as personal because it is your paycheck, health, and family on the line.
Comprehensive Case Evaluation
Our first move is a full review of the incident. We pull U.S. Coast Guard reports, dive logs, equipment service records, and witness statements, then line them up to spot where procedures broke down.
Determining Liability and Negligence
Fault rarely stops with one party. We look at:
- The dive contractor who planned the job
- The vessel owner is responsible for seaworthiness
- The manufacturer of any failed gear
Linking each actor’s mistakes to your injury helps us pursue the widest recovery possible.
Pursuing Maximum Compensation
Commercial diving injuries can mean hyperbaric treatment, long rehab, and months without work. We fight for payment covering hospital bills, future care, lost earning power, and the hardship you and your loved ones endure.
Litigation and Trial Advocacy
If a fair settlement stalls, we move forward in court. Our attorneys prepare exhibits, cross-examine company experts, and argue before a judge or jury, ready to counter every defense tactic.
Common Diving Accident Causes
Diving mishaps often stem from preventable hazards. A quick look at frequent causes shows patterns our investigations target.
Equipment Failure
Poorly maintained regulators, cracked hoses, or defective dive computers can rob a diver of air or mislead decompression stops. These failures may trigger drowning, arterial gas embolism, or decompression sickness.
Inadequate Training and Supervision
Dive teams must know emergency ascent methods, mixed-gas limits, and surface-supplied protocols. When supervisors rush briefings or skip drills, divers pay the price.
Dangerous Environmental Conditions
Strong currents, sudden storms, and murky water reduce visibility and increase fatigue. Companies should monitor forecasts and postpone tasks when conditions exceed safe limits.
The table below summarizes how these hazards are linked to typical injuries:
Frequently Asked Questions About Diving Accident Claims
Below are short answers to issues divers raise most often. Your situation may differ, so call us for advice tailored to your facts.
What should I do immediately after a diving accident?
Seek medical help right away, even if symptoms seem mild. Report the event to the dive supervisor and the Coast Guard, and keep copies of incident forms, photos, and any damaged gear.
How long do I have to file a diving accident lawsuit?
Most Jones Act cases carry a three-year deadline from the date of injury. Other claims can be shorter, so speaking with a lawyer soon protects your right to compensation.
What types of compensation can I recover?
Divers often claim:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain, mental distress, and loss of life enjoyment
Maintenance and cure payments may also apply, covering daily living costs and treatment during recovery.
Contact Shlosman Law Firm for Help
If a commercial diving accident has upended your life, you are not alone. Our New Orleans team stands ready to investigate, file claims, and push for the full value of your losses. Call 504-826-9427 or visit our contact page to set up your free case consultation today. We are here to shoulder the legal work so you can focus on getting better.