Houma Maritime Injury Lawyer
Injuries that occur on water can have serious consequences. Maritime accidents can involve boats, swimmers, or even jet skis. The marine environment is dangerous as a natural force, and when you add other elements to the equation, that risk goes up.
Potential causes of injuries include an accident with a boat, colliding jet skis, swimmers being injured by maritime equipment, or any other scenario involving the water. These types of accidents are also more likely to occur in Houma because of its proximity to the Gulf coast, the many bayous, lakes and bays.
By speaking to a skilled Houma maritime injury lawyer, you can get a better idea of the types of laws involved in your suit. You may be entitled to damages in the form of compensation for any injuries you sustained, but to move forward, you will first have to speak with an
experienced personal injury attorney for advice.
Accidents Involving Boats, Jet Skis, and Swimmers
For these types of accidents, the general law regarding negligence applies. In order to show negligence, a dedicated Houma maritime injury attorney will have to prove that the other side acted negligently. To do this, all four of the elements of negligence have to be met. First, there was a duty to act which is the duty to act as a reasonable person in the same situation. Next, it must be shown that the other party breached that duty. Breach usually occurs when one person fails to act reasonably.
Third, it must be shown that the person caused the injury both actually and proximately. To prove actual causation, one must demonstrate that the person was the reason for the injuries. Proximate cause means that there were no intervening acts between the negligent act and the injury. Also, one must prove that it was foreseeable that this injury could occur. Lastly, to prove negligence, a person has to have suffered an injury. A skilled boat injury attorney in Houma
What Injuries Commonly Involve Seamen and Harbor Workers?
Another category of Houma maritime injuries concerns employees
working on a boat or vessel. There are many laws in place to protect employees from injuries they sustain while at work, and specific ones for
seamen and
harbor workers. One specific law that covers all injuries suffered by crew members on vessels,
tug boats,
barges,
crewboats,
supply boats,
drilling barges,
fishing boats, semi-submersible drilling rigs, lift boats, seagoing vessels, and other contrivances is the Jones Act. This act will cover any negligent act by the owner or crew of a boat, or waterway craft which causes injury.
How Does General Maritime Law Affect Injury Cases?
The General Maritime law provides that any crew-member injured in the service of the vessel is entitled to have their medical care paid by their employer under the doctrine of Cure, regardless of fault. If the injured crew member is unable to return to work, they are entitled to a daily stipend known as Maintenance, roughly equivalent to the value of room and board while serving on the vessel, again a no-fault benefit.
The General Maritime Law also requires a vessel owner/operator to maintain a safe and seaworthy vessel including the fittings and appurtenances of the vessel. If the owner/operator of the vessel fails to maintain the vessel, its fittings and appurtenances in a seaworthy condition which results in injury to a crew-member, the injured crew member may maintain a claim for Unseaworthiness.
One difference between an Unseaworthiness claim and a Jones Act claim is that there is no requirement to prove negligence. For example, a seaman assisting in docking a vessel, suffers injury when a cleat or fitting used in securing the vessel breaks. The fitting failure would be an unseaworthy condition for which the injured seaman could maintain an Unseaworthiness claim, even though the owner/operator of the vessel had no knowledge of any defect in the cleat or fitting.
What is The Longshore and Harbor Workers’ Compensation Act?
This
law protects non-seamen employees who are injured while working on vessels or boats on navigable waters, as well as
dockside workers. By a special law, the Outer Continental Shelf Lands Act, this law (LHCA) protects oilfield and maritime workers on stationary fixed off shore platforms.
The Outer Continental Shelf is a Federal enclave and varies from state to state as to the distance from shore where it begins. Claims made under this act will provide for medical care, disability compensation, and
wrongful death compensation to a family if they lose someone.
The law actually has a chart that lists the amount of compensation depending on the specific type of loss. For example, losing a toe entitles an employee to thirty-eight weeks of compensation beyond what is paid in temporary total compensation while the injured employee is recuperating. This law is extremely detailed and complicated, which is why speaking to knowledgeable Houma maritime accident lawyers is helpful, as they can explain the law and how it affects the situation.
How a Houma Maritime Injury Attorney Can Help
There are so many variations on the law regarding maritime injuries. It can be difficult to understand which law applies to your situation.
However, a Houma maritime injury lawyer can listen to your case and explain what the best cause of action would be for your situation. Then you can decide how you want to proceed, either with a lawsuit or negotiations with the other side.
Call today to learn more.
Frequently Asked Questions
Am I a Jones Act seaman?
You qualify as a Jones Act seaman if you spend at least 30% of your time working on a vessel in navigation that contributes to its function. Crewboat workers, deckhands, drillers on jack-up rigs, and many oilfield workers qualify. Roustabouts and rig hands not assigned to a specific vessel typically don’t.
What’s the difference between the Jones Act and LHWCA?
The Jones Act covers seamen (workers on vessels). The Longshore and Harbor Workers’ Compensation Act (LHWCA) covers maritime workers on docks, in shipyards, and on offshore platforms. Jones Act recovery includes pain and suffering and lost earning capacity; LHWCA is a workers’ compensation system with set benefit schedules.
What if I’m injured on an offshore oil rig?
If you’re a seaman assigned to a vessel (drillship, jack-up rig, semi-submersible), the Jones Act applies. If you’re working on a fixed platform, the Outer Continental Shelf Lands Act applies state law. If you’re a longshore worker, LHWCA may apply. The right framework depends on your role and the structure you were on.
How long do I have to file a maritime injury claim?
Jones Act claims have a 3-year statute of limitations from the date of injury. LHWCA requires notice within 30 days and filing within one year. State-law claims (death on a fixed platform, for example) follow Louisiana’s one-year rule. Different deadlines apply depending on which law governs your case.
Areas We Serve in Louisiana
Kopfler & Hermann represents maritime workers and seamen injured across the Gulf Coast. We serve clients in:
Commercial shrimpers and crabbers facing lost income from contaminated waters can review fishermen’s oil spill claims under OPA90 to see how economic damages work and why individual claims often outperform class membership.
After the May 2026 TPIC Main Pass 69 incident, see what Louisiana coastal workers need to know about the 2026 spill including immediate steps, exposure documentation, and which claims fit which workers.
Common Questions About Louisiana Maritime Injury Claims
How long do I have to file a maritime injury claim in Louisiana?
Under the Jones Act and general maritime law, injured seamen typically have three years to file a lawsuit. LHWCA claims have a two-year filing deadline for the initial claim. Louisiana state-law claims can have a two-year prescription period. Because different laws apply depending on your job and the location of the injury, call as soon as possible — evidence goes stale and witnesses relocate.
Do I have to pay to hire a maritime injury lawyer?
No. Kopfler & Hermann handles maritime cases on contingency. You pay no attorney fees unless we win compensation for you. The initial consultation is free.
What is the Jones Act and does it cover me?
The Jones Act is a federal law that lets injured seamen sue their employer for negligence. To qualify, you must spend a substantial part of your work — courts often use 30 percent as a benchmark — aboard a vessel in navigation. Deckhands, engineers, riggers, cooks, captains, and many offshore service crew members qualify.
Can I recover damages if the accident was partly my fault?
Yes, in most maritime cases. The Jones Act uses a “featherweight causation” standard — if your employer’s negligence played any part in causing your injury, you can recover. Your recovery may be reduced by your percentage of fault, but comparative fault does not bar recovery.
Where should I go to see a maritime lawyer near Houma?
Kopfler & Hermann is located on Grinage Street in Houma, Louisiana. We’ve been helping Houma since 1977. Call (985) 851-3311 for a free case evaluation. We handle cases across Terrebonne, Lafourche, St. Mary, Assumption, and every South Louisiana parish.
Louisiana Parishes and Ports We Serve for Maritime Injury Cases
Kopfler & Hermann has been helping Houma since 1977. Our maritime injury practice reaches across Louisiana’s coast — from Terrebonne and Lafourche Parishes down through St. Mary, Assumption, and every South Louisiana parish tied to Gulf of Mexico work.
Terrebonne Parish
Home base. Houma, Chauvin, Dulac, Montegut, Bayou Blue, Gray. Port of Houma, Houma Navigation Canal, Bayou Terrebonne. Our office is on Grinage Street.
Lafourche Parish
Port Fourchon — one of the most important offshore energy service ports in the Gulf. Golden Meadow, Galliano, Cut Off, Larose, Lockport, Raceland, Thibodaux. Crew boats, supply vessels, and offshore support boats work out of Fourchon constantly.
St. Mary and Assumption Parishes
Morgan City, Berwick, Amelia, Patterson — historic shipyard and inland waterway hubs along the Atchafalaya. Assumption adds Belle River, Pierre Part, Napoleonville.
Statewide Louisiana coast
Cameron, Iberia, Vermilion, Plaquemines, Jefferson, Orleans — if your injury has a Louisiana connection, call. (985) 851-3311.
Related Louisiana Maritime & Injury Practice Areas
Helping Houma Since 1977
Free consultation. No fee unless we win.
(985) 851-3311
