595.015. 1. The division of workers' compensation shall, pursuant to the provisions of sections 595.010 to 595.075, have jurisdiction to determine and award compensation to, or on behalf of, victims of crimes. The division of workers' compensation may pay directly to the provider of the services compensation for medical or funeral expenses, or expenses for other services as described in section 595.030, incurred by the claimant. The division is not required to provide compensation in any case, nor is it required to award the full amount claimed. The division shall make its award of compensation based upon independent verification obtained during its investigation.
2. Such claims shall be made by filing an application for compensation with the division of workers' compensation. The application form shall be furnished by the division and the signature shall be notarized. The application shall include:
(1) The name and address of the victim;
(2) If the claimant is not the victim, the name and address of the claimant and relationship to the victim, the names and addresses of the victim's dependents, if any, and the extent to which each is so dependent;
(3) The date and nature of the crime or attempted crime on which the application for compensation is based;
(4) The date and place where, and the law enforcement officials to whom, notification of the crime was given;
(5) The nature and extent of the injuries sustained by the victim, the names and addresses of those giving medical and hospital treatment to the victim and whether death resulted;
(6) The loss to the claimant or a dependent resulting from the injury or death;
(7) The amount of benefits, payments or awards, if any, payable from any source which the claimant or dependent has received or for which the claimant or dependent is eligible as a result of the injury or death;
(8) Releases authorizing the surrender to the division of reports, documents and other information relating to the matters specified under this section; and
(9) Such other information as the division determines is necessary.
3. In addition to the application, the division may require that the claimant submit materials substantiating the facts stated in the application.
4. If the division finds that an application does not contain the required information or that the facts stated therein have not been substantiated, it shall notify the claimant in writing of the specific additional items of information or materials required and that the claimant has thirty days from the date of mailing in which to furnish those items to the division. Unless a claimant requests and is granted an extension of time by the division, the division shall reject with prejudice the claim of the claimant for failure to file the additional information or materials within the specified time.
5. The claimant may file an amended application or additional substantiating materials to correct inadvertent errors or omissions at any time before the division has completed its consideration of the original application.
6. The claimant, victim or dependent shall cooperate with law enforcement officials in the apprehension and prosecution of the offender in order to be eligible, or the division has found that the failure to cooperate was for good cause.
7. Any state or local agency, including a prosecuting attorney or law enforcement agency, shall make available without cost to the fund, all reports, files and other appropriate information which the division requests in order to make a determination that a claimant is eligible for an award pursuant to sections 595.010 to 595.075.
(L. 1981 H.B. 41, et al. § 2, A.L. 1985 H.B. 715, A.L. 1994 S.B. 554, A.L. 1995 H.B. 174, et al.)
Missouri General Assembly