Filing a Tort Victims Claim

The Tort Victims’ Compensation Fund exists to help compensate those who have been injured due to the negligence or recklessness of another (such as in a motor vehicle collision or a hunting accident), and who have been unable to obtain full compensation because the party at fault (the tortfeasor) had no insurance, or inadequate insurance, or has filed for bankruptcy, or for other reasons specified by the law.

Filing a Claim Against the Fund

Eligible persons may file a claim against the Fund by submitting and Application for Tort Victims’ Compensation. The application may be filed in person at the Division of Workers’ Compensation’s Jefferson City Office at 421 E Dunklin, or by mail: Tort Victims’ Compensation Program, P.O. Box 58, Jefferson City, MO 65102. The eligible person filing a claim or application is called a claimant.

The claim will be evaluated based upon the law, and based upon the information that the claimant provides. If not all of the necessary information is provided, the Division will notify you in writing what additional information is needed. In most cases, the following information is requested:

After a claim is evaluated, the Division of Workers’ Compensation will issue an Administrative Determination either denying compensation from the Fund, or awarding compensation in a certain dollar amount, not to exceed $300,000. If the claimant is unhappy with their results, they may appeal the Administrative Determination to an Administrative Law Judge or they may appeal the judge’s decision with the Labor and Industrial Relations Commission.

There are time limitations for the filing of a claim which are set forth in Section 537.684.2 of the Missouri Revised Statutes. Therefore, if you believe you have a claim against the Fund, you will want to file the claim as soon as possible.