Working as a commercial diver can be a dangerous job. Even if you know what you are doing and you do everything you can to keep yourself safe, you can still suffer job-related injuries and illnesses due to factors that are beyond your control. If you have gotten injured or sick while working, you will want to speak with a maritime accident lawyer about your legal rights. You may have various claims for benefits, and an experienced lawyer can help you collect the benefits you deserve. Types of Benefits Available to Commercial Divers As a commercial diver, your legal rights depend on several different factors. However, two of the most important factors are: (i) where you were working when you got sick or injured, and (ii) your relationship with your employer (i.e. whether you are an employee or an independent contractor). 1. Jones Act Benefits Some commercial divers are eligible for benefits under the Jones Act. The Jones Act applies to employees who qualify as “seamen,” and it allows eligible divers to file two different types of claims. Commercial divers who qualify as seamen can seek “no-fault” maintenance and cure benefits, and they can also sue their employers for Jones Act negligence. 2. LHWCA and OCSLA Benefits If you don’t qualify as a seaman under the Jones Act, then you may be eligible for benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA) or the Outer Continental Shelf Lands Act (OCSLA). These are federal workers’ compensation statutes that provide […]
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