On August 15, 2003, the Tort Victims' Compensation Program mailed out checks totaling $4,865,000 to compensate tort victims who successfully filed claims during the Initial Claims Period ending December 31, 2002. Each successful claimant received a pro rata share representing 7.9 cents for each dollar awarded.

As of August 15, 2003, there were no funds available in the Tort Victims' Compensation Fund to pay claims. Section 537.684.10 of the Tort Victims' Compensation Law states:

In the event there are no funds available for payment of claims, then the division may suspend all action related to valuing claims and granting awards until such time as funds in excess of one hundred thousand dollars have accumulated in the tort victims' compensation fund, at which time the division shall resume its claim processing duties.

On February 15, 2004, the Division of Workers' Compensation was advised that the Tort Victims' Compensation Fund had received additional payments, making a balance in the fund in excess of $900,000. At that time, The Tort Victims' Compensation Program began reviewing the claims filed during the 2003 Annual Claims Period. There were 35 claims filed during the Annual Claims Period, and 33 were successful. On July 23, 2004, checks totaling $928,156.09 were mailed; each successful claimant received 14.2 cents for each dollar awarded. The Fund was again depleted.

Although there were no funds at the time, the Division of Workers’ Compensation reviewed the forty-eight claims filed during the 2004 Annual Claims Period. Forty were successful. On April 3, 2006, the Division of Workers' Compensation was advised that the Tort Victims' Compensation Fund had received additional payments, making a balance in the fund in excess of $100,000. These funds were used to pay, on a pro rata basis, the forty successful claims filed during the 2004 Annual Claims Period. On June 30, 2006, checks totaling $100,000.08 were mailed; each successful claimant received 1.4 cents for each dollar awarded. The Fund was once again depleted.

In September 2006 the Division of Workers' Compensation was advised that the Tort Victims' Compensation Fund had received a payment of over $180,000, and the Division began reviewing the claims filed during the 2005 Annual Claims Period.  There were 37 claims filed, 27 of which were successful.  The Fund received additional monies through May 2007; on June 25, 2007, checks totaling $470,000.02 were mailed; each successful claimant received 8.7 cents for each dollar awarded and the Fund was once again depleted.

As the Fund only receives funds from punitive damages actually paid in Missouri civil lawsuits, it is impossible to estimate if and when the Tort Victims' Compensation Fund will again have accumulated funds in excess of $100,000.00. At this time, there are no funds to pay claims filed after January 1, 2006. 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 by clicking on "Forms and Brochures" and scrolling down to "Forms for Tort Victims". Even though there is currently no money to pay claims filed after January 1, 2006, 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 Annual Claims Period

There were twenty-three claims filed during the 2006 Annual Claims Period. Although there are currently no funds available for payment, these claims were reviewed in the same manner as during the Initial Claims Period, and Administrative Determinations were issued in all 23 cases. 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. Whenever there are sufficient monies in the Fund to make claim payments, these claims will receive first priority.

Claims filed during the 2007 Annual Claims Period

There were thirty claims filed during the 2007 Annual Claims Period. Although there are currently no funds available for payment, these claims are being reviewed, and Administrative Determinations will be issued in October, 2008.

Claims filed during the 2008 Annual Claims Period

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.