I was injured on a U.S. government vessel - Do I have a Jones Act claim?
Offshore workers may find themselves assigned to a government vessel or working for a private vessel chartered by the U.S. federal government.
If you are injured on a U.S. government vessel or while working on a vessel chartered to the U.S. government, do you have a Jones Act claim?
The answer to this question is probably "no," unless you were aboard a private vessel under "time" charter to the U.S. government. Instead, you probably have a claim under the Suits in Admiralty Act (the "SAA") or the Public Vessels Act (the "PVA").
The Suits in Admiralty Act is the exclusive remedy for maritime tort actions agains the United States where a public vessel is involved. The Public Vessels Act contains a waiver of sovereign immunity for admiralty torts, but only those committed by or aboard public vessels. So, if a private vessel is charted to the U.S. government, the Public Vessels Act exception probably does not apply.
Under the Suits in Admiralty Act, an injured offshore worker can recover only to the extent a private party or company would be liable under similar circumstances. For example, if the boat owner would be liable as a private person for unseaworthiness, then the U.S. government can likewise be liable for unseaworthiness.
In cases where the U.S. hase hired a private vessel, and one of the vessel's employees is injured on the private vessel, the kind of charter or contract the U.S. has with the private company can make a huge difference in the type of claim allowed.
The U.S can charter a private vessel in different ways. Basically, there are two well-knowns types of boat charter. One is a "time" charter and the other is a "demise" charter. A demise charter is almost like an outright transfer of ownership.
A time charter, by contrast, is where one party contracts only for specific services which are rendered by the vessel owner's master and crew. Time charterers assume no liability for the seaworthiness of the vessel, the negligence of the crew, or maintenance and cure.
As a pratical matter, what this means is that a worker injured on a private vessel leased to the U.S. government under a time charter can bring a Jones Act claim against the private company and is not barred or restricted by the Suits in Admiralty Act or Public Vessels Act. By contrast, if the boat is under a demise charter, then the only remedy is probably a Suits in Admiralty Act claim.
Suing the U.S. government under the Suits in Admiralty Act or Public Vessels Act is extremely complicated and a worker injured under these circumstances should only hire a very experienced Jones Act attorney or maritime attorney.
If you have been injured on a U.S. government vessel or a vessel leased or chartered to the U.S. government, please call the law offices of Vujasinovic & Beckcom, L.L.P. toll free at 877.724.7800 to speak with one of the firm's experienced Jones Act attorneys.
Also, please be sure to visit the firm's main website at www.vbattorneys.com for more information about the Jones Act, maritime law, the Suits in Admiralty Act, and the Public Vessels Act.
