IMPORTANT INFORMATION FOR CLAIMS FILED AFTER JANUARY 1, 2009

Between August 28, 2001 and December 31, 2008, over six hundred claims have been filed against the Tort Victims’ Compensation Fund; between August 15, 2003 and June 30, 2009 almost $8.8 million has been paid to the successful claimants (details below).

At this time, there are no funds to pay claims filed after January 1, 2009.  However, you may continue to file claims against the Tort Victims' Compensation Fund by using the "Application for Tort Victims' Compensation (WCT-1) which can be found on this website. Even though there is currently insufficient money to pay claims filed after January 1, 2009, you are still required to file your claim during the applicable statute of limitations period as provided in Section 537.684.2.

If you believe you may have a valid claim against the Tort Victims' Compensation Fund, you will want to file that claim as soon as possible.

Claims Filed During the Initial Claims Period

Four hundred five (405) claims were filed against the Tort Victims' Compensation Fund during the "initial claims period" (i.e. from August 28, 2001 through December 31, 2002). Each of the 405 claims underwent an initial review and additional supporting documentation (e.g., medical records, medical bills, reports from law enforcement agencies, copies of insurance policies, certified copies of court judgments, affidavits) was requested in most cases. After reviewing the claim and all supporting documentation, an "Administrative Determination" was issued in each case.

Claimants had the right to appeal the administrative ruling, and 49 appeals were pursued to conclusion.

As required by law, on June 30, 2003, the value of all successful claims were aggregated. The value of individual claims ranged from $2,500.00 to $300,000.00, and the aggregated total was $61,434,072.49. On June 30, 2003, there was $4,865,000 available to pay claims. As the total amount awarded exceeded the amount available for payment, the law required that each claim be paid on a pro rata basis. Therefore, each claimant received approximately 7.9 cents for each dollar awarded. All checks were mailed on August 15, 2003, well in advance of the September 30, 2003 deadline established by law.

Claims filed during the 2003 Annual Claims Period

Thirty-five claims were filed during the 2003 Annual Claims Period. These were reviewed in the same manner as during the Initial Claims Period. Administrative Determinations were issued in all 35 cases. There was one appeal. As required by law, on June 30, 2004, the value of all successful claims were aggregated. The value of individual claims ranged from $20,000.00 to $300,000.00, and the aggregated total was $6,533,755.00. On June 30, 2004, there was $928,156.09 available to pay claims. As the total amount awarded exceeded the amount available for payment, the law required that each claim be paid on a pro rata basis. Therefore, each claimant received just over 14.2 cents for each dollar awarded. All checks were mailed on July 23, 2004.

Claims filed during the 2004 Annual Claims Period

Forty-eight claims were filed during the 2004 Annual Claims Period. These were reviewed in the same manner as during the Initial Claims Period. Administrative Determinations were issued in all 48 cases. There were four appeals. The value of individual claims ranged from $7,468.11 to $300,000.00, and the aggregated total was $7,108,456.45.  On June 30, 2006, there was $100,000.08 available to pay claims. As the total amount awarded exceeded the amount available for payment, the law required that each claim be paid on a pro rata basis. Therefore, each claimant received just over 1.4 cents for each dollar awarded. All checks were mailed on June 30, 2006.

Claims filed during the 2005 Annual Claims Period

Thirty-seven claims were filed during the 2005 Annual Claims Period. These were reviewed in the same manner as during the Initial Claims Period. Administrative Determinations were issued in 36 cases; one case was suspended per §537.681.4, due to the claimant’s incarceration. There was one appeal. There were 27 successful claims. The value of individual successful claims ranged from $25,000.00 to $300,000.00, and the aggregated total was $5,411,768.73.  On June 25, 2007, there was $470,000.02 available to pay claims. As the total amount awarded exceeded the amount available for payment, the law required that each claim be paid on a pro rata basis. Therefore, each claimant received just over 8.7 cents for each dollar awarded.  All checks were mailed on June 25, 2007.

Claims filed during the 2006, 2007 and 2008 Annual Claims Periods

There were twenty-three claims filed during the 2006 Annual Claims Period. There were 18 successful claims; the value of individual claims ranged from $15,313.85 to $300,000.00, and the aggregated total was $2,916,319.60.  

There were thirty claims filed during the 2007 Annual Claims Period. There were 25 successful claims; the value of individual claims ranged from $20,000.00 to $300,000.00, and the aggregated total was $4,537,525.52.

There were twenty-four claims filed during the 2008 Annual Claims Period.  There were 20 successful claims; the value of individual claims ranged from $25,000.00 to $300,000.00, and the aggregated total was $4,005,458.59.

On June 30, 2009, there was $2,420,203.11 available to pay claims.  A decision was made to utilize these funds to pay, on a pro rata basis, the successful claims filed during the 2006, 2007 and 2008 Annual Claims Periods combined.  Each successful claimant received over 21.1 cents for each dollar awarded.  All checks were mailed on June 30, 2009.

The Division of Workers’ Compensation is continuing to accept claims against the Tort Victims’ Compensation Fund. These will be file-stamped and maintained for future review. Despite the current lack of funding, prompt filing of claims is strongly encouraged as a statute of limitations applies to all claims. See Section 537.684.2, RSMo.