The Injured Diver’s Post Accident Check List
I was just injured in a diving accident while working offshore.
What should I do?
First of all, don’t panic. The maritime law was written to protect your legal rights in time of peril. The Jones Act was written to provide mariners with more legal rights than land based workers in an attempt to encourage young men and women to enter the maritime work force. If you are a mariner, the law is on your side.
Most importantly, first find the finest in medical support, advice and counsel. Locate a qualified hyperbaric medical doctor, closely follow his/her advice and allow your doctor to all of your medical treatment.
Under maritime law an injured diver is entitled to his choice of medical providers; and, the diving contractor remains obligated to pay for the diver’s medical expenses, his travel to and from the heath care provider and medical facility, and lodging should the diver reside out of town.
Documentation of the dive profile, decompression, recompression and on-site medical treatment is important. Secure and copy the dive log, field neurological exams, vessel logs and any other document which could establish the dive profile, decompression, recompression and treatment. If possible get a copy of the accident report or witness statements.
Prior to seeing your doctor sit with your wife/husband, girlfriend/boyfriend or family member, and make notes of your complaints. Write down any questions you may have for your doctor. Your doctor is busy and in a hurry; you are nervous or your memory isn’t what it should be. Having notes helps. If you are concerned that your doctor is not closely listening to your complaints give him a copy of your notes.
If possible avoid giving an oral or written statement until you have consulted with an attorney. There is no need to immediately hire an attorney; speaking with one may prove valuable at a later date. Be suspicious of someone who tells you that you must give a statement before the company can begin maintenance payments. Such is not the law.
Maintain a personal log of the events which have occurred following your return to shore. Chronicle your doctor visits, medical examination and procedures. The medical specialist you see will want to know as much as possible about your history. Keep a log; it’s better than you memory.
Retrieve all of your medical records including medical reports from your treating physician and specialists. The insurance company adjuster and your company safety officer will have access to your medical records. Shouldn’t you?
At times it will seem that everyone has advice to give you. It’s foolish to take medical advice from anyone other than a diving doctor; that includes your company representative, your buddy, your family or your spouse or significant other. It’s foolish to take legal advice from anyone other than a maritime lawyer familiar with diving; that includes your company representative, your buddy, your family or your spouse or significant other. While everyone wants to give advice to the injured diver advice, only the injured diver has to pay the consequences of poor advice.
Finally, don’t be rushed to make any decision until you are confident that you have most, if not all your concerns and questions addressed. Don’t be rushed to settle your claim, hire an attorney or go back offshore until you are fully ready to do so. It’s your career, no one else’s.