What is the extent of instructor liability?

[Henry J Cat]

I am laying in a hospital bed in the UK with C5 and C6 spinal cord injury. I was hurt during PADI DM training whilst exiting the water on a shore dive. I was assisting with an OW course dive for a minor. Conditions were good for the entry but had significantly deteriorated by the time of exit. I was the last to exit the water when large waves combined with surge picked me up and stood me on my head on the rocks, twice.

I seek advice and please if this is the wrong place then I will be grateful for information as to where better I should ask. My question is simple, since my employer will not give me sick pay, does the instructor or the dive operation carry insurance to cover my losses? Or is this the type of accident that I must carry my own insurance for?

Thank you in advance for your consideration.

 

[Jim Lapenta]

You really need to ask the instructor and operation this question. It also varies by region. Normally in the US DM's carry liability insurance. That is pretty much to protect them should they be sued. Many are not "employees" as such and are seen as independent contractors and therefore are not covered by things like workmen's compensation insurance. Although in some areas that is being looked at more closely.
Instructor liability insurance is only going to cover something like this if you sue them and can prove the instructor or operation was negligent in some way. In the US that kind of thing would probably be settled out of court.
In your case, correct me if I'm wrong, you are a DM candidate from the sounds of it. Did you not sign a waiver recognizing the risks of diving? If you did you may not have a leg to stand on.
The instructor has no control over nature. Was there an awareness that conditions would go to hell or could during the dive? If so, with a minor student for sure, the dive probably should not have taken place.
If this was something that just happened, it happened. Nature can be a nasty thing.

I carry supplemental disability insurance through my day job. I don't know of any dive insurance that will pay a disability claim unless it is permanent. I just got my renewal notice for the DAN Guardian plan and see some disability coverage.

Over here we have lawyers who will do an initial no fee consult. You may need to consult one there to see where you are.

 

[boulderjohn]

I think Jim's assessment is essentially correct, although both of us are limited in our knowledge, not being attorneys first of all and being in a decidedly different environment for laws in the United States. I suggest you contact an expert in the applicable law.

 

[Henry J Cat]

It was purely down to nature taking a bite. I certainly won't be litigating against the instructor to apportion blame.

I had the idea, uninformed and unresearched, that an instructor's insurance was equivalent to employer's insurance. If one suffers an accident at work then without laying blame and in the absence of clear fault there is a personal injury payout.

I appreciate diving is dangerous, though I had no idea the numbers were so bad as to exclude insurance against accidental injury during delivery of a professional service.

Thank you for your opinions, it is good to have some clarity.

 

[boulderjohn]

If I were you, I would still ask.

BTW, was this an independent instructor, or was it an instructor working for a shop? It is possible that you really might be entitled to something, since you were essentially working as an unpaid intern. It will not hurt to get an expert opinion.

 

[Jim Lapenta]

If I were you, I would still ask.

BTW, was this an independent instructor, or was it an instructor working for a shop? It is possible that you really might be entitled to something, since you were essentially working as an unpaid intern. It will not hurt to get an expert opinion.

Very good point. All depends on your local and national laws.

 

[Henry J Cat]

Instructor owner operator of a UK registered limited company in the business of SCUBA. Very good people, beyond criticism.

Yes I will ask.

 

[driftwood]

Hi Henry,

I appreciate the fact that you acknowledge that accidents happen without assigning blame (other than nature).

I hope that your disks are just "irritated" and will return to normal given time. A couple years ago, I had to have my disk at C5 removed and the joint fused. From my seat, I would pay close attention to how your hands feel. Watch for extended periods of tingling, muscle cramps and when things get bad, the loss of use of fingers/thumbs. Your symptoms are likely to vary from mine, but keep an eye on things.

 

[rivers]

I am laying in a hospital bed in the UK with C5 and C6 spinal cord injury. I was hurt during PADI DM training whilst exiting the water on a shore dive. I was assisting with an OW course dive for a minor. Conditions were good for the entry but had significantly deteriorated by the time of exit. I was the last to exit the water when large waves combined with surge picked me up and stood me on my head on the rocks, twice.

I seek advice and please if this is the wrong place then I will be grateful for information as to where better I should ask. My question is simple, since my employer will not give me sick pay, does the instructor or the dive operation carry insurance to cover my losses? Or is this the type of accident that I must carry my own insurance for?

Thank you in advance for your consideration.

You're in the UK. Surely you're entitled to statutory sick pay? Statutory Sick Pay (SSP) - GOV.UK

 

[Henry J Cat]

You're in the UK. Surely you're entitled to statutory sick pay? Statutory Sick Pay (SSP) - GOV.UK

Indeed, £88 per week will help.

I hope that your disks are just "irritated" and will return to normal given time. A couple years ago, I had to have my disk at C5 removed and the joint fused. From my seat, I would pay close attention to how your hands feel. Watch for extended periods of tingling, muscle cramps and when things get bad, the loss of use of fingers/thumbs. Your symptoms are likely to vary from mine, but keep an eye on things.

Thank you for the kind words. The MRI I had this morning added two more fractured disks in the back but all are external fractures. I will heal. But your situation is far more serious, I hope you are not paralysed.