New England’s Premier Insurance Defense Firm

James Hornstein

Photo of attorney James Hornstein, Sr.
  • Partner

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Practice Areas

  • Workers' Compensation

Biography

James began his legal career in 1985 as an associate in the civil liability department a large, well established defense firm. He then resigned to continue a family tradition of service in the military. He accepted a direct commission into the Army Judge Advocate General’s Corps. He served on Active duty as a Trial Counsel and then as the Claims Judge Advocate from 1986 through 1989. He then returned to the same law firm and began his career as a workers’ compensation associate. Concomitantly with rejoining the civilian practice, he accepted a commission in the Rhode Island National Guard as a member of the Judge Advocate General’s Corps. He served as a Brigade Judge Advocate and was subsequently promoted to Colonel and assumed the position of State Judge Advocate, where he was responsible for all Judge Advocates in the State of Rhode Island, before retiring in 2007. James served as the Managing Partner of the Workers’ Compensation Department of his former firm from 1990 through 2020 when he joined TKCK. He has represented employers, insurers and self-insureds in hundreds of matters involving death claims, occupational injury , traumatic injury and apportionment claims. He also brought one of the first claims which called upon the court to utilize its new statutory authority to settle disputes between insurers in a case that was finally resolved in favor of the employer who initiated the action RI Supreme Court. He has practiced in Rhode island at the Workers’ Compensation Court, the Department of Industrial Accidents in Massachusetts, and before Administrative Law Judges at the US Department of Labor under the Longshore and Harbor Workers’ Compensation Act.

 He and fellow TKCK partner Courtney Manchester, co-wrote and edited the 2nd Edition of the MCLE Manuel on Rhode Island Workers’ Compensation Chapter “Practice and Procedure; the Employer Perspective” detailing the best trial practices that should be followed I by defense counsel in the Rhode Island Workers' Compensation Court.

Education

  • Ohio Northern University Pettit College of Law, Ada, Ohio
  • Providence College

Bar Admissions

  • Rhode Island

Published Works

  • Co-author of the text “A Practical Guide to Workers’ Compensation in Rhode Island”
  • Co-author, 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

Representative Cases

  • Furia v. Ajax Construction

Honors

  • AV rated, Martindale Hubbell

Past Positions

  • Managing Partner in the Workers’ Compensation Practice Group at Higgins, Cavanagh and Cooney (HCC), 1999 to 2020