Michigan sits at the heart of America’s freshwater maritime economy. Bordered by four of the five Great Lakes and threaded with rivers, harbors, and shipping channels, the state employs thousands of seamen, longshoremen, dockworkers, deckhands, and shipyard employees who keep cargo, ferries, and commercial vessels moving every day.
When something goes wrong on the water or at the waterfront, the injuries are often catastrophic, and the legal landscape that follows is unlike anything you’d encounter in a regular personal injury case.
If you or a loved one was hurt while working on a vessel, in a Michigan port, or anywhere in the maritime industry, Fieger Law can help. Our admiralty and maritime attorneys understand the Jones Act, the Longshore and Harbor Workers’ Compensation Act, and the broader body of federal maritime law that governs these claims—and we know how to use them to fight for the full compensation you deserve.
Contact us today for a free consultation.
What Is Admiralty and Maritime Law?
Admiralty and maritime law is a specialized body of federal law that governs activities and injuries occurring on navigable waters. It operates separately from state personal injury law and from typical workers’ compensation systems.
In practice, that means an injured maritime worker in Michigan often has rights and remedies that look nothing like those of an injured factory worker in the same state. Choosing the right legal framework, filing in the right court, and meeting the right deadlines can make the difference between a substantial recovery and no recovery at all.
The Jones Act
The Jones Act, passed by Congress in 1920, is the cornerstone of federal protection for injured seamen. It allows seamen who are injured in the course of their employment to sue their employer for negligence, something most land-based workers cannot do under state workers’ compensation systems.
Under the Jones Act, an injured seaman can recover damages for:
- Medical expenses, including future medical care
- Lost wages and lost future earning capacity
- Physical pain and suffering
- Mental anguish
- Disfigurement and disability
- Loss of enjoyment of life
To bring a Jones Act claim, an injured worker has to qualify as a “seaman”—a legal term that generally means someone who spends a substantial portion of their work time (typically 30% or more) in the service of a vessel “in navigation.”
Captains, deckhands, engineers, cooks, mates, and many other vessel-based workers can qualify. Dockworkers, longshoremen, and certain other shore-based workers usually cannot—but they’re often covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA) instead, which provides its own no-fault benefits and rights against negligent third parties.
Who Is Covered Under Maritime Law in Michigan?
Michigan’s maritime industry employs a wide range of workers, and federal maritime law potentially covers many of them. The right legal framework depends on the worker’s job, location, and connection to a vessel. Common categories include:
- Seamen and Crew Members: Captains, mates, deckhands, engineers, cooks, and other workers permanently assigned to a vessel
- Longshoremen and Stevedores: Workers who load and unload vessels at Michigan ports
- Harbor Workers and Shipyard Employees: Including ship repairers, shipbuilders, and dry-dock workers
- Tug and Barge Workers: Common on the Great Lakes, the Detroit River, the St. Clair River, and Saginaw Bay
- Ferry and Excursion Boat Crews: Including those serving routes between Michigan and Canada or to Mackinac Island
- Commercial Fishing Crews: Workers on Great Lakes fishing vessels
- Dredge Workers and Marine Construction Crews: Often working in harbors and shipping channels
- Recreational Vessel Passengers and Workers: Sometimes covered by general maritime law, depending on the circumstances
Our attorneys can review your job duties, your employer, and the circumstances of your injury to determine which laws give you the strongest claim.
Michigan’s Major Ports and Waterways
Michigan’s maritime industry spans a vast network of commercial ports and harbors, including major hubs like Detroit, Port Huron, Monroe, Bay City, Marquette, and Sault Ste. Marie, along with dozens of smaller ports and waterfront communities across the Great Lakes.
Beyond the named ports, maritime injuries also frequently happen on Lake St. Clair, the Detroit River, the St. Clair River, Saginaw Bay, Grand Traverse Bay, the Straits of Mackinac, and Michigan’s many connecting channels and inland waterways.
Common Maritime Injury Claims
Maritime work is consistently ranked among the most dangerous occupations in the country. Common types of incidents we handle include:
- Slip-and-Falls on Wet, Oily, or Icy Decks: A leading cause of injury on Great Lakes vessels, especially in winter
- Falls Overboard and Drowning: Often involving inadequate guardrails, missing safety equipment, or rough conditions
- Crush and Caught-Between Injuries: Involving cargo, hatches, doors, machinery, and mooring lines
- Equipment and Machinery Failures: Cranes, winches, hoists, and onboard machinery that injure workers when they malfunction or are improperly maintained
- Loading and Unloading Accidents: At docks, terminals, and shipyards across Michigan’s port cities
- Fires and Explosions: Particularly on tankers, fuel barges, and engine room equipment
- Toxic Exposure: Asbestos, fuel, solvents, and chemical fumes that cause acute or long-term illness
- Tugboat and Barge Accidents: Including collisions, allisions (vessel-into-stationary-object impacts), and groundings
- Repetitive Stress and Overexertion Injuries: From the demanding physical labor that defines most maritime work
- Wrongful Death: Catastrophic injuries that take a worker’s life.
Maintenance and Cure Benefits
One of the most important and misunderstood protections for injured seamen is the ancient maritime doctrine of maintenance and cure. Maintenance and cure is owed to a seaman who becomes ill or injured while in the service of a vessel, regardless of who was at fault for the injury or illness.
- Maintenance: A daily allowance to cover the seaman’s basic living expenses (food and lodging) while recovering on land
- Cure: Coverage for the seaman’s reasonable and necessary medical care until they reach “maximum medical improvement”—the point at which further treatment is unlikely to improve their condition
These benefits are owed automatically. A seaman does not have to prove the employer did anything wrong, and the employer cannot deny payment simply because the worker was partly at fault for the injury.
Maintenance and cure is separate from—and on top of—any Jones Act negligence claim or unseaworthiness claim a seaman may bring.
How Maritime Claims Differ From Standard Personal Injury Claims
Maritime claims operate by their own rules, and the differences matter enormously to the outcome of a case. Some of the most important distinctions include:
- Federal Law Governs: Most maritime cases are decided under federal statutes and federal common law, even when filed in state court.
- Negligence Standard Is Lower for Seamen: Under the Jones Act, a seaman needs only to prove that their employer’s negligence played a minor role in causing the injury.
- Comparative Fault Rules Are Different: The Jones Act uses pure comparative fault, meaning a seaman can still recover even if largely at fault—though their award is reduced accordingly.
- Unseaworthiness Is Its Own Cause of Action: Beyond Jones Act negligence, seamen can sue vessel owners when an unsafe condition on the vessel itself contributed to the injury.
- Maintenance and Cure Are Automatic: Unlike state personal injury claims, certain benefits are owed regardless of fault.
- Different Statutes of Limitations: The Jones Act and LHWCA impose different filing deadlines (typically three years and one year, respectively, though exceptions apply). It is always best to speak with an admiralty and maritime lawyer ASAP after an injury.
Frequently Asked Questions About Michigan Maritime Claims
How is a maritime claim different from workers’ compensation?
Most Michigan workers are limited to no-fault workers’ compensation benefits and cannot sue their employer for negligence. Maritime workers have far broader rights.
Seamen can sue their employers directly under the Jones Act for negligence, claim unseaworthiness against vessel owners, and recover maintenance and cure on top of any negligence claim. Longshoremen and harbor workers are covered under the LHWCA, which provides its own no-fault benefits but also preserves the right to sue negligent third parties (like vessel owners or equipment manufacturers).
Can I be fired for filing a maritime injury claim?
Federal law prohibits maritime employers from retaliating against workers who file legitimate injury claims. If your employer terminates, demotes, or harasses you for asserting your rights, you may have additional legal claims against them.
What if I was partly at fault for my injury?
The Jones Act follows pure comparative fault. You can still recover damages even if you were largely responsible for your own injury, with your award reduced by your percentage of fault. This is far more generous than the modified comparative fault rules used in many state systems, including Michigan. Meanwhile, the LHWCA is a no-fault system.
Choose Fieger Law for Your Michigan Maritime Case
Maritime cases are technical, federal, and frequently fought against well-resourced corporate defendants—vessel owners, shipping companies, and the insurance carriers behind them. Generalists routinely miss key claims, blow procedural deadlines, and leave money on the table. The right legal team makes all the difference.
At Fieger Law, our attorneys have a national reputation for taking on the toughest cases and winning the largest verdicts. Reach out today for a free, no-obligation consultation.
