Navigating the Public Vessels Act – What Workers Need to Know

What is the Public Vessels Act?

The Public Vessels Act (PVA) is a federal law that provides a legal avenue for individuals who have been injured while working on a public vessel. A public vessel is defined as any vessel owned or operated by the United States government, excluding vessels that are operated by the government in a commercial capacity. This includes vessels operated by the Coast Guard, U.S. Navy, Army Corps of Engineers, and other federal agencies.

How Does the Public Vessels Act Protect Workers?

The PVA provides protection for workers by allowing them to bring a lawsuit against the United States government if they are injured while working on a public vessel. This is a significant right, as the government is typically immune from lawsuits under the doctrine of sovereign immunity. However, the PVA waives this immunity in certain cases, allowing injured workers to seek compensation for their injuries.

According to the PVA, workers who are injured can pursue compensation for medical costs, lost income, pain and suffering, and additional damages. The PVA also allows for the recovery of maintenance and cure, which are benefits designed to cover a seaman’s living expenses and medical care until they reach maximum medical improvement.

What Should I Do if I Am Injured on a Public Vessel?

If you are injured while working on a public vessel, take immediate action to protect your rights. First, seek medical attention as soon as possible. Even if your injuries seem minor, get checked out by a medical professional. Some injuries may not become apparent until days or even weeks after the incident.

What Types of Injuries are Covered Under the Public Vessels Act?

The Public Vessels Act covers a wide range of injuries that can occur on a public vessel. This includes, but is not limited to, physical injuries such as broken bones, burns, and head injuries, as well as illnesses that can be directly linked to your work on the vessel. For instance, if you develop a respiratory illness after being exposed to hazardous materials on the vessel, you may be entitled to compensation under the PVA.

The PVA also covers psychological injuries. If you suffer from post-traumatic stress disorder (PTSD), anxiety, or depression as a result of a traumatic incident on a public vessel, you may be able to seek compensation for these injuries as well.

What is the Process for Filing a Claim Under the Public Vessels Act?

Filing a claim under the Public Vessels Act involves several steps. First, you must notify the government of your intent to file a claim. This is typically done by filing a formal notice with the agency that operates the vessel on which you were injured. This notice should include details about your injury and how it occurred.

What are the Potential Challenges in a Public Vessels Act Claim?

Filing a claim under the Public Vessels Act can be challenging for several reasons. First, the government is a formidable opponent in any legal dispute. They have access to vast resources and experienced attorneys who will vigorously defend against your claim.

Second, proving your case can be difficult. You’ll need to show not only that you were injured, but that your injury was caused by negligence or unseaworthiness on the part of the vessel. This often requires testimony and detailed evidence.

Finally, the process can be time-consuming. From gathering evidence to filing paperwork to waiting for a trial date, a PVA claim can take months or even years to resolve. However, an experienced attorney can help streamline the process and work to resolve your claim as quickly as possible.

How Can an Attorney Help Me With My Public Vessels Act Claim?

An attorney can provide invaluable assistance when you’re dealing with a PVA claim. They can help gather evidence to support your claim, negotiate with the government on your behalf, and represent you in court if necessary.

What Happens if My Public Vessels Act Claim is Denied?

If your Public Vessels Act claim is denied, don’t lose hope. You have the right to appeal the decision. The appeals process can be complex and requires a thorough understanding of maritime law. An experienced attorney can guide you through this process, helping you gather additional evidence, prepare your appeal, and represent you in court.

What is the Role of Maintenance and Cure in a Public Vessels Act Claim?

Maintenance and cure is a maritime law concept that plays a significant role in a Public Vessels Act claim. Maintenance refers to the daily living expenses that a seaman is entitled to while recovering from an injury. This includes costs such as rent, food, and utilities. Cure, on the other hand, refers to the medical expenses related to the injury.

Can I File a Public Vessels Act Claim if I’m a Contractor?

Yes, contractors who are injured while working on a public vessel can file a claim under the Public Vessels Act. This includes independent contractors and employees of private companies who are performing work on a public vessel. However, the specifics of your contract and the nature of your work can affect your eligibility and the type of compensation you can seek. An experienced attorney can help you understand your rights and guide you through the claim process.

If you have been injured while working on a public vessel, call Law Offices of Preston Easley today at 310-773-5207 for a free consultation.