How to Prepare and File a Claim for Lost Income
For Offshore and Deep Sea Divers
After the BP Oil Spill

Offshore divers, particular those with deep water skills used on exploration and drilling platforms, and diving businesses, had lost opportunities for work following the BP Spill in the Gulf of Mexico. For most, these losses continue to this day. For those individuals, preparing or filing BP interim or final claims with the GCCF are possible steps over the next 3 years. Other possibilities include filing a claim with the Coast Guard under the OPA, or litigation filed in appropriate courts. Given the size of their potential losses, divers and diving businesses may benefit by advice from a competent insurance loss professional and legal counsel.

Although the BP Emergency Claim deadline passed on November 23, 2010, offshore divers, whether individuals or businesses, may still file interim and final claims for damages with the Gulf Coast Claims Facility ["GCCF"], established after the BP Oil Spill. These claims should be undertaken with an understanding of alternative routes to recovery from filing litigation and a filing with the Coast Guard under the OPA.

Filing and settling interim or final claims with the GCCF should be undertaken with a thorough analysis of the diver's specific operations and work history. Most divers connected with the gulf offshore oil industry have an established history and pattern of work, and even documentation of cancelled work orders in the deep sea. The assistance of a loss professional may help guide the process of developing evidence of likely income but-for the BP oil spill.

Those businesses operating offshore diving operations will have claims more complicated than individual divers, as those businesses have larger operations, payroll and capital outlays. Demonstrating and projecting expenses and operational net income, but-for the BP spill, and losses and damages due to the BP spill, should be undertaken with the assistance of both legal counsel, and competent insurance loss professionals.

Though professional divers, diving vessels and diving businesses may have common business structures and operations, each diver, operator and/or owner will have unique elements that distinguish it from the competition. While there are common tools for projecting income and analyzing losses, each review is unique, and should depend on the specifics of the business operation. Choose wisely when you seek help on how to file a claim for lost income.

As with any fire, flood or other loss event, "how to" is founded on preparation and the advice you get. Here are some initial steps:

• Take steps to resolve claims related to property damage -- some general pointers are here
• Assemble financial data for an extended period before the loss, in aid of estimating the loss of business income after the loss.
• Mitigate damages
• Consider some steps common to all business claims
• Consult with a competent loss professional, and seek legal counsel