No one starts a job hoping to become a whistleblower. They fall into that role after uncovering something unexpected. Workers in the health care sector sometimes make the uncomfortable discovery that their employer has violated the law. A variety of different financial practices in the medical sector can violate the False Claims Act and other insurance billing regulations.
When healthcare providers accept federal insurance programs, questionable billing practices may violate federal statutes. Workers who discover that medical companies have violated billing regulations have several options available to them. They can report the matter internally to see if the company corrects the practices. They could bring the matter to the attention of regulatory agencies.
They also have the option of filing a qui tam lawsuit on behalf of the government. The worker serves as a relator filing a lawsuit related to the illegal billing practices. What compensation do employees potentially receive for taking legal action against their employers on behalf of the government?
Financial compensation based on recovery
A successful qui tam lawsuit may result in an order for the business to repay the government for the amounts obtained through fraudulent billing practices. The employee who initiates the lawsuit can receive a portion of the amount ultimately recovered as compensation for their efforts. If government agencies take over the lawsuit after the initial filing, the relator can potentially receive between 15 and 25% of the amount recovered by the action. If the relator pursues the matter without government intervention, their compensation increases to between 25 and 30% of the funds recovered.
Protection from retaliation
Workers who initiate qui tam lawsuits become whistleblowers. They draw attention to the illegal action of an employer and have protection from retaliation. Employers should not terminate a worker or otherwise punish them because they reported company misconduct. If it worker loses their job, faces demotion or experiences other forms of retaliation, they may have the option of holding their employer accountable for that misconduct.
Qui tam lawsuits and legal actions initiated due to whistleblower retaliation can be complex issues. Securing proper assistance when preparing for a qui tam lawsuit can increase a worker’s chance of protecting themselves and prevailing in civil court.
