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Great Lakes Jones Act Claims & Maritime Injury Lawyers
If you were injured working on a freighter, tugboat, or barge on the Great Lakes, you are protected by a unique set of federal laws. At Davis Law Center, we have spent over 30 years helping Michigan maritime workers navigate the complexities of the Jones Act to secure the compensation they deserve. From the Detroit River to Lake Superior, we stand up to big shipping companies to protect your rights.
The Jones Act, 46 USC sec 688 is a federal law enacted by Congress after recognizing that an injured seaman had no cause of action against the vessel or his employer for injuries caused by the negligence of a fellow seaman or his employer. The Jones Act thus applies to persons who suffer injuries while working on tug boats, freighters, tankers, cruise ships, river barges, fishing vessels, etc.
What Damages Can I Recover If I Was Injured On The Great Lakes?
The Jones Act requires a seaman’s employer to comply with safety statutes and provide a reasonably safe place to work. This means an employer is liable for its own negligence and the acts of its employees that cause injury. A relaxed burden of proof applies to these cases such that the vessel owner will be liable for damages when the employer’s negligence plays, “any part, even the slightest, in producing the injury or death for which damages are sought.” Damages recoverable for an injury or illness on the Great Lakes include the following:
No-Fault Benefits – Maintenance & Cure
Every seaman on Lake Erie, Lake Huron, or any of the Great Lakes who becomes sick or injured during his employment, regardless of any fault of the owner or operator, is entitled to maintenance, cure, and unearned wages as a matter of right. “Maintenance” is the seaman’s reasonable expenses of room and board while ashore, until the seaman is fit for duty or until maximum benefit of treatment is reached. “Cure” is the reasonable medical expenses incurred by the seaman for curative treatment. “Unearned wages” are wages the seaman would have received if he had not become sick or injured, to the end of the voyage.
Negligence And Unseaworthiness Damages
When a maritime worker successfully proves that employer negligence or vessel unseaworthiness contributed to their injury, they may be entitled to the following categories of damages:
- Past and Future Medical Expenses: This covers the full cost of medical care required until Maximum Medical Improvement (MMI). It includes hospitalizations, surgeries, physical therapy, prescription medications, specialized equipment, counseling, and any anticipated long-term care needs.
- Lost Wages and Benefits: You can recover the wages you would have earned had the injury not occurred. This includes base pay, overtime, and the value of lost employment benefits such as pensions, 401(k) contributions, vacation time, and health insurance coverage.
- Loss of Earning Capacity: If your injury is severe enough that you cannot return to your former maritime position, you may be compensated for the difference between your previous earning potential and your projected future income in a different, lower-paying field.
- Past and Future Pain and Suffering: These are “non-economic” damages that account for the human cost of the accident. This includes physical pain, mental anguish, emotional distress (including PTSD), and the loss of enjoyment of life.
How Is The Jones Act Different From Workers’ Compensation?
| FEATURE | STANDARD WORKERS’ COMP | JONES ACT (MARITIME) |
| Fault Required | No | Yes as it relates to negligence or unseaworthiness claims No for maintenance & cure |
| Pain & Suffering | No | Yes |
| Full Lost Wages | Partial | Yes (Past & Future) |
| Medical Choice | Yes, after 28 days & notice to your employer | Yes – You choose your doctors |
Jones Act Frequently Asked Questions
Does the Jones Act apply to workers on the Great Lakes?
Yes. The Jones Act applies to any “seaman” injured on a vessel in “navigable waters.” Because the Great Lakes are used for interstate and international commerce, they are considered navigable waters. Whether you work on a freighter, tugboat, or barge in Lake Michigan or Lake Huron, you are likely protected.
What is the difference between a Jones Act claim and Michigan Workers’ Comp?
Unlike standard Michigan Workers’ Compensation, which is “no-fault,” a Jones Act claim allows you to sue your employer for negligence. This is a significant advantage because it allows you to recover damages not available in workers’ comp, such as full past and future lost wages and compensation for pain and suffering.
What are “Maintenance and Cure” benefits?
“Maintenance” is a daily allowance to cover your basic living expenses (room and board) while you recover on land. “Cure” is the obligation of your employer to pay for all reasonable and necessary medical expenses. Under maritime law, you are entitled to these benefits regardless of who was at fault for the accident.
How long do I have to file a maritime injury claim in Michigan?
Generally, the statute of limitations for a Jones Act claim is three years from the date of the injury. However, if your injury occurred on a vessel owned by the government, the timeline may be shorter. It is critical to consult a Michigan personal injury lawyer as soon as possible to preserve evidence.
What counts as “negligence” under the Jones Act?
The burden of proof under the Jones Act is lower than in typical personal injury cases (often called a “featherweight” burden). Negligence can include anything from oily/slippery decks and poorly maintained equipment to inadequate crew training or a supervisor’s failure to follow safety protocols.
Representing Michigan’s Maritime Workforce for 30+ Years
Maritime law isn’t just another practice area at Davis Law Center—it’s a commitment to the hardworking men and women who keep the Great Lakes moving. For over three decades, Neil Davis has stood up to massive shipping corporations and insurance companies to ensure injured seamen aren’t left behind. As a member of the Million Dollar Advocates Forum, Neil has the proven track record and technical knowledge to handle the ‘featherweight’ burden of proof required in Jones Act cases. When you hire Neil, you aren’t getting a ‘settlement mill’; you’re getting a veteran litigator who understands the specific dangers of the Detroit River, Lake Erie, and the entire Great Lakes circuit.”
Don’t Navigate a Maritime Injury Alone
The shipping company has lawyers on retainer who are on hand the moment an accident happens. You should, too. Whether you are seeking Maintenance and Cure or filing a Jones Act Negligence claim, the Davis Law Center is ready to fight for your recovery.
- Free Case Evaluation: No cost, no obligation.
- No Fee Unless We Win: We work on a contingency basis.
- Available 24/7: Injuries don’t happen on a 9-to-5 schedule.
Call (248) 865-7740 or use our contact form for a free case review.
Davis Law Center: your trusted partner for Jones Act & Maritime law cases. Serving Detroit, Farmington Hills, Southfield, Macomb County, and all of Michigan.
Our Location
We are located in Farmington Hills, Michigan and serve clients throughout the metropolitan Detroit area, including Wayne, Oakland, Macomb, Livingston, Genesee and Washtenaw counties.
Get in Touch
Fill out the contact form or call us at (248) 865-7740 to schedule your free consultation.
