Are divers covered by the Jones Act?

A:

There is no quick answer to this question.  Some divers will qualify as Jones Act seamen, while others do not.  There are three questions to help divers determine if they qualify for benefits provided for by the Jones Act:

-       Is the diver assigned to a dive boat that is in navigation?

-       Is the diver contributing to the dive boat’s mission or function?

-       Is the diver’s connection to the dive boat substantial?

A diver who can answer yes to ALL three questions may be considered a Jones Act seamen.  For this reason, recreational divers often to not qualify as Jones Act seamen while commercial divers do.  Keep in mind that even if you do not qualify as a Jones Act seamen, there may be other compensation available to you for injuries sustained in a diving accident.

Even if it seems pretty clear to you or to us that you are a Jones Act seamen, your employer, their insurance company, and their lawyers are going to fight it.  This is because the Jones Act provides for some pretty good benefits that they don’t way to pay for if they don’t have to.  This is why hiring a maritime accident attorney with a proven track record is so important.