THE LEGAL RIGHTS OF A COMMERCIAL DIVER

Table of Contents

Dear Diver

The Jones Act

  

History and Seaman Status Under the Jones Act
  

Negligence Under the Jones Act
  

Improper Medical Treatment
  

Causation Under the Jones Act
  

Legal Defense at Comparative Fault

The General Maritime Law

  

Unseaworthiness
  

Monetary damages under the Jones Act and General Maritime Law.

Wrongful Death claims under the Jones Act and General Maritime Law

Maintenance and Cure

Statute of Limitations under the Jones Act and General Maritime Law

On the Job Safety / Diving and Drug Use

Special Medical Issues

The Patent Foraman Ovale Issue

Physician Office Visits and Medical Testing

Witnesses and Statements

Frivolous Claims and Lawsuits

Breaking a Seaman’s Settlement or Release

Transportation Worker Identification Credential | TWIC

Seamen’s Employment Laws

Marriage Law 101

About Delise & Hall

Hiring Legal Counsel

Some Final Thoughts

DEAR DIVER:

Why publish a book exploring the legal rights of a commercial diver? There are several reasons. The frst is that commercial diving is big business, not only for the diving contractors who invest much in the way of capital, but it is also for the diver and his family who invested much in the pursuit of their dream. When a diver’s career is in jeopardy as the result of a tragedy occurring in the pursuit of oil and gas in the Gulf of Mexico or in an inland waterway or power plant, much in time, personal funds and livelihood may be lost. With this much at stake, ignorance of the law can be very costly. This booklet attempts to provide the diver with a general appreciation of the legal rights of a diver under the maritime law.

Secondly, diving contractors are staffed with highly skilled and experienced attorneys to provide prompt advice and counsel. The individual diver and his family cannot afford such a luxury. This outline of the law attempts to “level the playing feld,” so-to-speak, in the diver’s day-to-day relationship with the diving contractor by arming the professional diver with the fundamentals of admiralty law.

Next, there are many legal myths. For example, many divers believe that they have only one year from the date of an accident to fle a lawsuit, when, in fact, they have three years. Hopefully, this publication will help de- mystify maritime law.

Finally, this publication is a way by which we at Delise & Hall can introduce our frm to the newer members of the commercial diving community. Our frm has represented the interests of commercial divers throughout the world for over 30 years.

Delise & Hall takes a unique approach in our representation of commercial divers. We do not advocate litigation. While it may be imperative to consult with legal counsel in most matters, litigation should be the last resort in resolving disputes between a commercial diver and his employer.

In legal matters not related to personal injury or wrongful death claims we are here to help in a confdential manner. Most seemingly complex legal problems can be handled with a simple free telephone consultation. When there is a need to hire legal counsel, Delise & Hall would like to be considered the commercial diver’s frst and best choice. It is rare indeed to fnd a law frm which is knowledgeable in both maritime law and the complexities surrounding the theoretical and practical problems associated with commercial diving and hyperbaric medicine. We are that law frm. I sincerely believe that we are The Source in Diving Law.
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DELISE & HALL

Delise & Hall is a New Orleans, Louisiana, based law frm whose primary area of practice since 1979 involves the worldwide representation of commercial divers in all aspects of maritime law including personal injury/ wrongful death claims in the United States and around the world.

With offces in Uptown New Orleans and Downtown Covington, Louisiana the frm handles all legal matters affecting the commercial diver including personal injury and wrongful death, criminal law, domestic disputes, drug testing matters and labor law.

Our recent cases have ranged from the confdential negotiation of settlement for a diver with a relatively minor non career ending injury to a $6,000,000 verdict in Federal Court in New Orleans. Since 2005 the combined awards or settlements of Delise & Hall has exceeded $30,000,000.

Delise & Hall will travel anywhere at any time to service the legal needs of the commercial and public safety diver.

To receive further information, schedule an appointment or have a question answered contact us at:

Delise & Hall
Attorneys at lay and Admirality
7924 Maple Street
New Orleans, Louisiana 70118
Phone: (504) 836-8000
(800) DIVER-55 (348-3755)
Telefax: (504) 836-8020
E-mail: bdelise@divelawyer.com.
To receive more information about the frm, visit our website at
www.divelawyer.com

Bobby J. Delise, partner, is a native of New Orleans, Louisiana, and a founding partner of the frm. He has been married since 1984 to his wife, Christina, and is the father of two wonderful children, Jeannette and Christian. A certifed diver since 1976, Mr. Delise’s primary specialty is the representation of an international clientele of offshore and inland commercial divers and their families and in personal injury and wrongful death litigation. Mr. Delise received his Bachelor of Science (B.S.) from Louisiana State University in 1976, his Juris Doctor (J.D.) from Loyola Law School in New Orleans in 1979 and a Master of Laws (LLM) from Tulane Law School in 1990. He was admitted to the Louisiana State Bar Association in 1979, and pro hac vice in over twenty Federal and State Courts all throughout the United States which has allowed him to handle diving cases for his clients wherever tragedy occurs. Additionally, Mr. Delise has been admitted to the Texas Bar and the Colorado Bar Associations in 1998 and holds memberships in the American Association for Justice, The Louisiana Association for Justice and the Undersea and Hyperbaric Medical Society. Mr. Delise holds Martindale-Hubbell’s highest (AV) rating.

Mr. Delise regularly teaches Diving Law at the nation’s fnest commercial diving schools including the Divers Institute of Technology (DIT) in Seattle, Young Memorial in Morgan City and Santa Barbara City College. He is a visiting skills professor at Loyola Law School in New Orleans teaching Trial Skills and Professionalism to law students and young lawyers. Mr. Delise is a visiting instructor at the Tulane Medical School in New Orleans. He is a longstanding faculty member of the Undersea and Hyperbaric Medical Society providing instruction to physicians on Medical Fitness to Dive issues and Medical/Legal Issues of the Hyperbaric Physicians. In 2006 Mr. Delise was awarded the Louisiana Bar Association President’s Award for his service to the Bar and public following Hurricane Katrina.

Mr. Delise can be reached at bdelise@divelawyer.com , at our New Orleans, located at 7924 Maple Street or by telephone: 800-DIVER-55 (348-3755).
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Hiring Legal Counsel

Hiring legal counsel is often as traumatic as talking with an adjuster or an insurance company representative. It should not be so as long as one keeps in mind that hiring an attorney is just that – a client hires an attorney much like an employer hiring an employee. The attorney works for the client, not vice versa.

In hiring legal counsel be sure that the attorney is well qualifed in the feld of diver-related accidents. Do not hire an attorney who must learn about diving during the pendency of your lawsuit. Ask the attorney poignant diving-related questions.

In hiring an attorney one must have the same faith or trust as that of a fellow diver on the job. Much of your future will be in his or her hands. In hiring an attorney, investigate his or her qualifcations from those who know best, the attorney’s past clients. Ask for a list of the divers he or she has represented in the past and contact them.

In hiring an attorney be sure to discuss the matter of attorney’s fees and responsibility for payment of the attorney’s out-of-pocket costs. Go over the contract with the attorney and request a copy. Once again, ask the attorney’s past clients whether the attorney was fair and honest regarding fees and costs.

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Some Final Thoughts

On behalf of Delise & Hall, I thank you for taking the time to read this booklet. It has been a work in progress for 30 years. We always welcome suggestions and comments which will improve this publication and make it more meaningful for the professional diver and his family.

We have been serving the legal needs of the commercial diver for 30 years and we intend to vigorously advocate for the legal rights of the diver for decades to come. We pride ourselves in listening to the needs of the diver and his family. Please do not hesitate calling us for any reason; we are here to help. And, if you fnd yourself in the New Orleans or Covington area please stop in to say “hello”.

The professional offshore diver is the most important component of the diving industry. The diver is not a tool of the trade that can be discarded after injury much like an old worn shoe. This law frm stands ever ready to assist the diver in fully appreciating and exercising their rights.

In closing, please keep all of the working divers and their families around the world in your prayers. This is a tough business. Watch out for your fellow diver and when tragedy occurs it is important to come to the aid of your brother or sister diver.

In closing and on behalf of our frm,
Dive safe and God Bless!

Bobby J. Delise
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