What is the extent of instructor liability?

[DivemasterDennis]

Lots of good comments. Bottom line: IF you were being compensated by the shop for your assisting in the class, then worker's compensation would cover. BUT it appears you were a student as well. , so probably not. Absent some person doing something or failing to do something that caused your injuries, you have no remedy. That's why I carry DAN insurance and instructor liability insurance, in addition to my legal malpractice insurance (Lawyer is my day job).
DivemasterDennis

 

[TMHeimer]

Maybe Jim L. spelled it out best. I've never had anything by the usual DM insurance (which of course covered stuff happening to students or divers in my charge re my responsibility to them)--never any coverage for accidents occurring to me. I rely on my Blue Cross, which seems to cover everything. Or, you can get DAN, or just take your chances.

 

[sammym]

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

Yes I will ask.

You signed up for a course with them and ended up in hospital. I will say they deserve some criticism. If that can happen to you as a probably fairly experienced diver what could have happened to the open water students... I wasn't there but it's too easy to see the nice guys as without fault.

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.

That's not how employers liability works at all. Insurance works on the basis of 'blame" or more correctly negligence. If your employer (or their insurer in most cases) could prove that they were not negligent there is no pay out.

I have no idea if you have a claim for negligence against the company who you paid to provide training (that's what this is, it's not mates). Ultimately diving can be dangerous - and we cannot claim against that. The fact that you were left alone in the water (last to get out), and you got hurt - tells me that the insurers would probably want to settle this quite quickly.

Note - I'm not attacking your instructor, and I'm not a lawyer. I used to work in financial services in the UK and therefore have an understanding about how that side of things works alone. If you want to see if you have a claim shoot me a private message on here or post and I'll link you to some people who will look at it for you. It won't cost you to find out. Given the extent of your injuries I'd seriously hope the HSE have been informed about this already. Reportable incidents - RIDDOR - HSE - if they have not reported it don't be a dick. Just ask them too. It helps them as much as you believe it or not.