James Hornstein

James Hornstein jth@tkcklaw.com
(617) 242-9600 x 292
Practice States: RI

James T. Hornstein has been representing employers and insurers for 31 years, most recently as the Managing Partner in the Workers’ Compensation Practice Group at Higgins, Cavanagh and Cooney (HCC) in Providence, RI from 1999 until 2020. He has represented employers and insurers in the Rhode Island Workers’ Compensation Court, the Massachusetts Department of Industrial Accidents and the United States Department of Labor for claims brought under the Long Shore and Harbor Workers’ Compensation Act. He has tried hundreds of cases involving work-place injuries including traumatic injuries, occupational disease claims, dependency death benefit claims and apportionment claims. He was trial counsel in Furia v. Ajax Construction where he represented the employer which resulted in a precedent setting case of insurer responsibility when the court affixed liability based on premium paid irrespective of where the claim was filed. He is the co-author of the text “A Practical Guide to Workers’ Compensation in Rhode Island”. He is AV rated.

In Spring 2023, Attorneys Hornstein and Manchester co-authored Chapter 8 of the 2nd Edition of the MCLE Manuel on Rhode Island Workers’ Compensation, “Practice and Procedure; The Employer Perspective” detailing the trial practice in the Rhode Island Workers’ Compensation Court. They discussed the responsibilities and burdens of proof imposed on employers and best practices that should be followed by employers in the pretrial and trial phases of a litigated claim to achieve the optimum results.

Jim began his career in 1985 with HCC before accepting an Active Duty direct commission into the United States Army Judge Advocate General’s Corp where he served as a Trial Counsel and Claims Judge Advocate. He rejoined Higgins, Cavanagh and Cooney’s Workers’ Compensation Department and concurrently joined the Rhode Island Army National Guard. In the National Guard, he was certified as a Military Judge, promoted to Colonel and appointed the State Judge Advocate, retiring in 2007. He is a graduate of Providence College, cum laude, and the Ohio Northern University College of Law.