Welcome to the Kentucky Board of Claims
The Board of Claims was established by the Kentucky General Assembly in 1946 with the mission to ensure an impartial and fair review of all claims filed by citizens who believe their person or property has been damaged through negligence on the part of the commonwealth of Kentucky.
The board acts under the authority of KRS Chapter 44 and KAR Title 108 to determine whether a state agency has been negligent, consequently causing damages, loss or injury to a claimant.
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Procedures |
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Anyone may file a claim with the Board of Claims for damages incurred. A claim will be reduced by the amount a claimant is entitled to receive from any other source, including private medical or vehicle insurance (also known as offsets).
For claims under $1,000, an investigation is conducted by an investigator in the Board of Claims office. If this investigator, on behalf of the board, finds the state agency (respondent) negligent for the claimant's damages, loss or injury, an award may be made for the amount the claimant cannot recover through any other source. If a claim is dismissed, the claimant may ask for a full board review, in which his or her claim is then considered by the full membership of the Board of Claims during its monthly meeting. The decision of the board is final and cannot be appealed.
Claims for $1,000 or more for which the state agency denies negligence are assigned to a hearing officer. The hearing officer conducts a hearing in the county where the incident occurred, and makes a recommendation to the Board of Claims for awarding reimbursement or denying the claim. A claim denied by the board may be appealed to the circuit court of the county in which the hearing was held.
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