The Minnesota False Claims Act covers a wide variety of claims and lawsuits that may be brought against a business or an entity. A whistleblower in such a case lodged under the federal False Claims Act may receive as much as 30% of the government s settlement and attorney fees if s/he has experienced retaliation because of his or her whistleblowing activity. In certain circumstances, the payment s/he receives may be offset against any awarded claim. Whistleblowers may bring claims for violations of advertising laws, fraud, misrepresentation, negligence, invasion of privacy, false arrest without cause, false imprisonment, false death, personal injury, invasion of privacy, among others. If you are a whistleblower, contact a qualified personal injury lawyer in your area immediately.
receiving full compensation under the Minnesota False Claims Act is filing the complaint
The Minnesota False Claims Act covers a wide range of professionals such as consultants, accountants, insurance agents, realtors, loan officers, insurance processors, tax preparation companies, etc. The law also covers manufacturers and suppliers of certain services. Although there are several limitations based on which claims may be brought, the Minnesota False Claims Act has made it possible to seek compensation from practically any person or entity that may be liable under the act. The first step towards receiving full compensation under the Minnesota False Claims Act is filing the complaint.
filing a claim
The first step entails filing a claim. There are two different filing procedures. Either the claimant or the responsible party may file the claim, either in its own name or as a plaintiff on behalf of another. If a third party filing a claim does not follow the procedure outlined in the law, then both the plaintiff and defendant must appoint an attorney who will prepare the lawsuit and file the appropriate paperwork. The attorney also serves as the prosecutor in any civil cases included in the Minnesota False Claims Act claim.
fraudulent claim and Minnesota’s laws and statutes regarding workers’ compensation
In addition to seeking financial compensation for their loss, employers must also be prepared to handle any potential civil action brought against them by a harmed employee. As part of preparing for such civil action, the employer must make sure that they are properly understanding the relationship between the false or fraudulent claim and Minnesota’s laws and statutes regarding workers’ compensation. The Minnesota False Claims Act contains several express terms that, if construed against the employers, could make the employer liable for false arrest or false imprisonment. For example, an employer must be informed of all limitations on workers’ compensation claims within three days of the date of false arrest. Likewise, the statute makes it clear that an employer must not prohibit an employee from filing a false claim because that would violate the statute.
severe personal and professional consequences
Violating the statute can lead to severe personal and professional consequences for anyone who violates it. One common penalty is the creation of a false record or statement that is used as evidence in a civil or criminal proceeding. Another common penalty is for an individual who knowingly and willfully makes or uses a false record or statement in connection with a claim for benefits under Minnesota’s Workers’ Compensation Law. Additionally, violating the Act is considered a criminal act that could subject the person to fines or even jail time. Even if an employer is not charged with a false arrest or false imprisonment violation for using a false record or statement in connection with a work-related claim, the employer may still be held criminally responsible if he knowingly violated the statute.
consult with an experienced attorney immediately
Employers who fail to take reasonable steps to ensure that they do not engage in actions that may constitute a violation of the law should immediately consider retaining a qualified attorney to represent them. An experienced attorney who is familiar with how the False Claims Process works will understand exactly how to best protect the interests of his client and ensure that the client receives the full benefits of the policy. It is important to note that the Minneapolis Criminal Attorney is not a substitute for the advice of a lawyer, nor does he perform work on your behalf. If you have been injured or have a legitimate claim to filing a fraudulent claim against your employer, you should consult with an experienced attorney immediately.