In the course of a protracted claim case, a diver or other type of seaman may have to draw upon evidence to defend themselves. Attorneys Delisle & Hall address the need for verifiable legal statements that can be used in the event of a dispute. For insurance purposes, operators should be aware of the importance of properly documenting situations for reference.

Once a claims adjuster obtains statements and medical information, the claims case may eventually start to gain momentum. Here are some ways divers can take action to ensure there will be proper evidence when they need it, according to the source:

  • Get a medical evaluation: In cases involving serious injuries, a medical assessment and official updated records may be necessary as evidence.  
  • Take photos: As the attorneys note, taking photos is a clear legal strategy for divers that want to prove their employers were being unsafe. However, the images can only be of things that will not reveal critical company information to the public. As long as they are legally able to, divers can use pictures of non-confidential work elements to back up their claims.
  • Work quickly: The amount of time you take to secure a witness statement makes a difference, and Delisle & Hall recommends doing this sooner than later. "Memories are better shortly after the accident than when a diver or his attorney seeks to acquire a statement several weeks, months or years later," they write. "By that time, it may be too late. Secondly, a written or recorded statement is impossible to change at a later date."

When working with professional commercial diving insurance experts, employers should feel confident that they will be accurately compensated, and that all of the appropriate measures are being taken for their particular type of work and situation.

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