Request By:
Mr. David A. Zwyer
Administrative Assistant
Court of Claims of Ohio
255 East Main Street
Columbus, Ohio 43215
Opinion
Opinion By: Steven L. Beshear, Attorney General; Joe Johnson, Assistant Attorney General
In your recent letter to this office, you asked whether Kentucky can compensate Ohio residents injured in Kentucky as a result of criminal acts when Ohio compensates Kentucky residents injured there. Although Ohio compensates Kentucky residents, Ohio has no reciprocal agreements provision but compensates injured persons regardless of their domicile.
KRS 346.020(5) defines a victim as a resident of this state (Kentucky) or resident of a reciprocal state who suffers personal injury or death from a criminal act in Kentucky. The Kentucky statutes do not define "reciprocal state." However, KRS 346.190(2) provides that reciprocal agreements shall provide that a Kentucky resident injured in a reciprocal state or that a resident of a reciprocal state injured in Kentucky shall be entitled to the same benefit as any other persons injured in the reciprocal state or Kentucky respectively.
Therefore, if a Kentucky resident injured in Ohio enjoys the same protections and benefits as an Ohio resident and is on the same footing with an Ohio claimant, for all intents and purposes Ohio is a reciprocal state with Kentucky. By the same token, an Ohio resident injured in Kentucky must enjoy the same benefits and protection afforded to a Kentucky resident. Equity and justice demand no less.
If we can be of further assistance, please let us know.