According to published data, approximately 80 divers lose their lives in the United States and Canada every year due to scuba diving accidents. This represents a rate of approximately 3.4 to 4.2 deaths per 100,000 divers according to the scuba diver organization DAN America. While the causes of these commercial scuba diving deaths vary, most occur due to multiple root causes, including gas-supply problems (41%), entrapment/entanglement (19%), and equipment troubles (16%). Countless more divers sustain serious injuries that can lead to permanent disabilities. Other common causes of scuba diving accidents include: emergency ascent, insufficient breathing gas, and buoyancy problems. In the Puget Sound area, commercial diving includes harvesting of commercial seafood, diving to support construction operations on piers and docks, diving to support repair of vessels, and other commercial underwater activities. Many of these accidents could be prevented by employers followed the safety regulations set forth in Chapter 296-37 of the Washington Administrative Code. The WAC provides specific rules to limit the risk of injuries and deaths to commercial divers. Planning for a diving operation must include a safety and health assessment of the diver under WAC 296-37-535(4). Diving operations must be coordinated with other activities in the area that might interfere with diver safety under WAC 296-37-535(5).
Coverage for Commercial Divers Under the Jones Act
Many commercial divers have coverage for injuries or deaths under the federal Jones Act and general maritime law. Under the Jones Act, a diver can be considered a seaman entitled to Jones Act coverage for injuries and deaths if the commercial diver: (1) works on a vessel “in navigation”; (2) has an employment connection to the vessel that is substantial both in terms of duration and its nature; and (3) the diver’s work contributes to the work of the vessel. See, e.g., Chandris, Inc. v. Latsis, 515 U.S. 347, 1995 AMC 1840 (1995). The question of whether a commercial diver is considered a “seaman” under the Jones Act can be complex and requires a detailed fact-analysis by an experienced commercial diving maritime lawyer looking at the specific nature of the diver’s work and its relationship to the vessel. If you have questions about whether you or your loved one is entitled to coverage under the Jones Act, our lawyers offer a free consultation to help you determine your rights under the Jones Act.
Benefits Under the Jones Act
Following an injury or death to a commercial diver who is covered under the Jones Act, the commercial diver is entitled to a number of benefits. For injuries, the injured diver is entitled to maintenance, cure, and unearned wages. Maintenance is a daily stipend to cover the injured commercial diver’s room-and-board expenses while they recover from an injury. Medical cure is the medial expenses related to an injury. Unearned wages are wages that the injured commercial diver would have earned through the end of the voyage or pay-period. Further, if the diver’s injury was caused by the negligence of the diver’s employer, negligence of a co-worker, unsafe condition, or malfunctioning equipment, the diver can recover damages for lost wages, lost earning capacity, retraining costs, pain, disability, suffering, and loss of enjoyment of life. If you have questions about your rights to damages following a commercial diving accident, contact our law firm for a free consultation with an experienced maritime injury attorney.
In the context of a commercial diving death, the Jones Act allow for recovery of pre-death pain and suffering and pecuniary losses, including the loss of care and nurture to surviving children, financial support and contributions that the deceased would have made to survivors, loss of services, loss of inheritance, and funeral expenses. A Jones Act wrongful death claim must be brought by a personal representative for the benefit of (1) the surviving spouse or children; (2) parents; and (3) dependent next of kin. If you have questions regarding your right to damages for the wrongful death of a commercial diving, contact our law firm for a free consultation with one of our commercial diving accident maritime attorneys.
According to published data, approximately 80 divers
divers
To dive safely, divers must control their rate of descent and ascent in the water and be able to maintain a constant depth in midwater. Ignoring other forces such as water currents and swimming, the diver's overall buoyancy determines whether they ascend or descend.
lose their lives in the United States and Canada every year due to scuba
scuba
Aqua-Lung was the first open-circuit, self-contained underwater breathing apparatus (or "scuba") to achieve worldwide popularity and commercial success.
The most frequent known root cause for diving fatalities is running out of, or low on, breathing gas, but the reasons for this are not specified, probably due to lack of data. Other factors cited include buoyancy control, entanglement or entrapment, rough water, equipment misuse or problems and emergency ascent.
The average diver's extra mortality is fairly low, ranging from 0.5 to 1.2 deaths per 100,000 dives. 4 Table 1 aims to put the diving risk into perspective by comparing it with other activities.
No matter where a commercial diver is employed, it is anything but a 9 to 5 job. It often involves long days and long periods of travel from home. Those who find work in the offshore oil industry can expect to spend two to six weeks at a time at sea.
Diving does entail some risk. Not to frighten you, but these risks include decompression sickness (DCS, the “bends”), arterial air embolism, and of course drowning. There are also effects of diving, such as nitrogen narcosis, that can contribute to the cause of these problems.
Drowning is the most common cause of scuba diving deaths. Divers drown due to running out of air, panic, lack of training, unrelated health problems that cause unconsciousness and equipment failure. As you know humans are built to breathe only air. Inhaling water can become deadly very quick.
In technical diving, the 1/3 Rule ensures divers have enough gas for the descent, return, and emergencies. It divides the total gas supply into three parts: one-third for the descent and exploration, one-third for the return, and one-third as a reserve, enhancing safety in challenging environments.
Always breathe continuously.Never hold your breath. As I mentioned earlier, this is arguably the “number one rule” of scuba because breath holding while scuba diving can lead to serious injury, even death.
In 1983, a tragic accident on the Byford Dolphin oil rig resulted in explosive decompression, instantly killing four saturation divers and critically injuring another crew member. The rapid decompression occurred when a diving bell prematurely detached from its chamber due to unsealed chamber doors.
A Commercial Diver gets an average compensation that can range from $36,200 - $111,130 based on seniority. usually get a salary of seventy-one thousand eight hundred and fifty dollars per year.
Commercial divers and underwater welders face unique challenges in their line of work, with a significantly higher risk of fatal injury compared to the average worker. Studies have shown that the average lifespan of a diver welder is notably lower, ranging from 35 to 40 years.
Most recreational divers rarely dive deeper than 130 feet. But commercial divers can use atmospheric suits to descend to depths up to 2,000 feet. Some recreational divers have descended to depths of 1,000 feet and beyond and survived the experience without any problems.
The most common dive-specific injuries include barotrauma and decompression illness in scuba diving and hypoxic blackout in breath-hold diving. Barotrauma may occur during rapid depth change.
There Are No Scuba Age Restrictions for Adult Divers, Just Health Restrictions. All scuba diving lovers and those who want to start practicing this sport while not as young, should be congratulated. They will be never too old to dive!
Diving compressed gases (ie, scuba diving) can lead to two very serious medical conditions: Decompression Sickness (DCS), otherwise known as “the Bends,” and Pulmonary Over-Inflation Syndrome (POIS).
Barotrauma. In much the same way you may feel ear pain during take-off or landing during a flight due to pressure changes, the changes in pressure when diving can cause injury to ears, sinuses and other air spaces. Although decompression illness and other emergencies are dramatic, ear injuries are much more common.
In 1983, a tragic accident on the Byford Dolphin oil rig resulted in explosive decompression, instantly killing four saturation divers and critically injuring another crew member. The rapid decompression occurred when a diving bell prematurely detached from its chamber due to unsealed chamber doors.
The sport is self-evidently dangerous: Nestor's Deep states that the annual fatality rate for recreational (rather than competitive) freediving is roughly one death for every 500 participants, compared to one in 60 for Base jumpers and one in 1,000,000 for mountain climbers.
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Introduction: My name is Madonna Wisozk, I am a attractive, healthy, thoughtful, faithful, open, vivacious, zany person who loves writing and wants to share my knowledge and understanding with you.
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