NIOSHTIC-2 Publications Search
Medico-legal aspects of osteonecrosis.
Dysbarism-related osteonecrosis: proceedings of a symposium on dysbaric osteonecrosis. Beckman EL, Elliott DH, eds. Cincinnati, OH: U.S. Department of Health, Education, and Welfare, Public Health Service, Centers for Disease Control, National Institute for Occupational Safety and Health, DHEW (NIOSH) Publication No. 75-153, 1974 Jan; :229-230
Legal remedies currently available to divers suffering from osteonecrosis in the U.S. were discussed. The Jones Act, used in combination with the general maritime law, was the principal means available for a diver who sustained a disability as a result of his employment. The system imposed a liability on an employer for negligence or for subjecting a seaman to conditions of unseaworthiness. To make a monetary recovery under the Jones Act, a diver must cite a specific incident and attribute to that incident either one or both of the faults, that is, neglect or unseaworthy conditions. The seaman has the right to maintenance and cure which gives him free medical care and living expenses during the time in which he has not reached maximum recovery. A diver may also seek remedy under the Longshoremen's and Harborworkers' Compensation Act. A third remedy to consider is the third party suit. Special contractual arrangements which may have been entered into by the contractor must also be considered. According to the author, the role of the medical expert in these cases is exceedingly important. The medical expert in divers' compensation cases is customarily a primary liability witness. The author strongly urges doctors to take the time from their practices when asked to appear in such cases as their testimony is so vital to an honest portrayal of the findings.
Decompression-sickness; Hypobarism; Skeletal-system-disorders; Caisson-disease; Bone-disorders; Legislation
Dysbarism-related osteonecrosis: proceedings of a symposium on dysbaric osteonecrosis
Page last reviewed: March 27, 2020
Content source: National Institute for Occupational Safety and Health Education and Information Division