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:
- The accident or incident
- The lawsuit and judgment
- Efforts made to collect the judgment
- Insurance available to insure the liability of the party at fault (the tortfeasor)
- Insurance available to you to pay for medical bills, disability, loss of income, etc.
- Other benefits you have received (e.g. workers’ compensation, social security)
- Your medical condition
- Your medical bills
- Your lost income
- Affidavits A, B, C, D, and E
- Questions and Affidavit Regarding Benefit Sources and Payments - Affidavit Form A (WCT-2)
- Questions and Affidavit Regarding Lost Income - Affidavit Form B (WCT-3)
- Questions and Affidavit Regarding Waiver of Final Judgment and Requirement - Affidavit Form C (WCT-4)
- Questions and Affidavit Regarding Due Diligence in Enforcing the Judgment - Affidavit Form D (WCT-5)
- Questions and Affidavit Regarding Completeness of Medical Information Submitted - Affidavit Form E (WCT-6)
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.