The Program

The Tort Victims' Compensation Program ("the Program") is run by the Division of Workers' Compensation. Eligible persons may file a claim against the Fund by submitting an APPLICATION FOR TORT VICTIMS' COMPENSATION. That form may be obtained by contacting the Program at 573-741-4231, or online at www.dolir.mo.gov/wc/forms/FormTortVic.htm. An eligible person filing a claim or application is called a "claimant". The Program may request additional documentation from a claimant before evaluating a claim.

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.

A claimant may appeal the Administrative Determination to an Administrative Law Judge. A claimant may appeal the Judge's decision to the Labor and Industrial Relations Commission. A claimant may also appeal the Commission's decision to the Court of Appeals. If the claimant is satisfied with a decision at any stage, no further appeal is necessary.

Payment of claims

Once the value of the claim has been determined, the claimant is entitled to money from the Fund, but not immediately. For more information regarding payment of claims see “Important Information on Tort Victims’ Compensation” on this website.

Who is eligible to make a claim?

• A person who has obtained a final money judgment in a personal injury or wrongful death lawsuit in which all appeals are final, but who has been unable to collect the full amount of the judgment.
• A person whose claim for personal injury or wrongful death was settled for the policy limits of liability insurance, and those policy limits are inadequate to cover the amount of damages caused by the personal injury or wrongful death.
• If the uncompensated tort victim is deceased, the surviving spouse or certain other family members of the deceased may make a claim.

Who is not eligible to make a claim?

• If the injury occurred outside of the state of Missouri, and the injured person was not a Missouri resident, there is no one eligible to make a claim against the Fund for the injury.
• A corporation, partnership, or commercial entity is not eligible to make a claim against the Fund.
• Anyone who was on house arrest or who was confined in any jail, prison, or correctional facility at the time of the injury is not eligible to make a claim against the Fund.
• Anyone who pleaded guilty to, or had been found guilty of two or more felonies, which felonies were committed within ten years of the injury, and where either of the felonies involved a controlled substance or an act of violence is not eligible to make a claim against the Fund.

Time limitations on filing a claim

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

Attorney assistance

A claimant may make and pursue a claim with or without the assistance of an attorney. The Program cannot offer legal advice, nor can the Program provide an attorney for a claimant.