- Philadelphia, PAMay 18, 2016
Sandra L. Niemotka Partner
Cherry Hill, NJ
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Sandra Niemotka has focused her practice on workers' compensation defense in Pennsylvania and New Jersey since 1992.
Sandy is known for aggressively defending Pennsylvania and New Jersey cases in litigation. She has particular experience and knowledge of claims that can be brought in both states, known as “concurrent jurisdiction”. She also has particular knowledge and experience in hearing loss claims, and in finding offsets against workers’ compensation benefits so that benefits can be reduced. She counsels clients such as insurance companies, construction companies, manufacturers, distributors and nursing facilities on a regular basis in response to the day-to-day issues that concern workers' compensation. She has also contributed articles and has been an invited speaker of industry organizations such as the Pennsylvania Defense Institute and the Philadelphia Insurance Society.
Sandy has tremendous empathy for employers who are faced with workers’ compensation system abusers. She enthusiastically presents the best possible defense in litigating her cases, turning over every stone and finding creative ways to push back against questionable claims, whether in litigation or not.
- Obtained a Judge’s decision that denied a Claim against a construction company when the defense presented the employee’s company credit card, showing that he had gone for a hair cut before getting medical treatment for his alleged chemical exposure
- Obtained a Judge’s decision that denied a Claim against an electronics manufacturer when an inspector alleged his low back surgery was work related, but the defense established the injury leading to the surgery had resulted from a sneeze at home
- Obtained a Judge’s decision that denied a Claim against a construction company when a heavy equipment operator alleged back and knee injuries from a car accident, but the defense established his loss of earnings was due to an economic lay off, and not his injuries
- Obtained a Judge’s decision that denied a Claim against a truck manufacturer when an assembly worker alleged there was work-related ringing in his ears (“tinnitus”), and the defense successfully argued it was not a compensable “injury” as the law defines it
- Obtained a Judge’s decision that denied a Claim against a nursing facility when a CNA injured her wrist, but the defense established her loss of earnings was due to a positive drug screening, and not her injury
- Obtained a Judge’s decision that denied a Claim against a quarry when a heavy equipment operator alleged back and knee injuries from a fall, but the defense established his loss of earnings was due to his failure to return to modified duty, and not his injuries
Recognition & Involvement
In 2005, Sandy was named in a survey of her peers as a Pennsylvania "Rising Star" attorney by Super Lawyers. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found at www.superlawyers.com/about/selection_process_detail.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Sandy is the Sergeant at Arms for the American Legion Ladies Auxiliary, Oaklyn-Bettlewood Post 84. She is also accredited by the U.S. Department of Veteran Affairs to assist veterans in obtaining their benefits.
- Philadelphia, PAMay 18, 2016
- Brookside Country Club, Macungie, PASeptember 24, 2015
- Workers Compensation Lunch and LearnPMA Insurance Group (Blue Bell, Pennsylvania)November 13, 2013
- Best Practices for Workers' Compensation ClaimsIsland Hospitality Management NE Regional Meeting (Montvale, NJ)August 28, 2013
- Workers' Compensation AlertFebruary 21, 2018
- Workers' Compensation AlertJanuary 30, 2017
- Workers' Compensation AlertApril 18, 2016
- Pennsylvania Supreme Court to Review Constitutionality of Using 6th Edition of the AMA Guides in IREsWorkers' Compensation AlertMarch 24, 2016
- Workers' Compensation AlertJanuary 20, 2016
- Workers' Compensation AlertOctober 14, 2015
- Claims Bytes, an Electronic Publication of the Graham Company Claims Services DeptDecember 14, 2011
- Workers' Compensation UpdateSummer/Fall 2011
- Workers' Compensation UpdateWinter/Spring 2011
- Workers’ Compensation AlertMay 1, 2010
- Workers' Compensation AlertMarch 16, 2009
- Workers' Compensation AlertJanuary 14, 2008
Bar and Court Admissions
U.S. District Court for the District of New Jersey
U.S. District Court for the Eastern District of Pennsylvania
Rutgers School of Law – Camden, JD, 1991
Rutgers College, BA, cum laude, 1988
New Jersey Bar Association; Workers' Compensation Section
Pennsylvania Bar Association; Workers' Compensation Section
Philadelphia Bar Association; Workers' Compensation Section