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Communicate with the employee, focusing on their recovery from the injury and return to work. Inform the employee of benefits for which they may be eligible and when the benefits or services will be furnished.
In addition, ask the employee about relevant circumstances relating to the injury, including the names of witnesses and any suggestions on how the injury could have been prevented. Following up with your employee goes a long way toward curbing any uncertainty or animosity and, possibly, any future litigation.
There is no statute that prevents an employer from speaking to an employee who is represented by an attorney. The prohibition against speaking to an employee represented by an attorney is a California State Bar Rule that applies to the attorneys, not the parties themselves. An employer can always speak to his employee about his workers’ compensation claim. However, an employer should first consult with management since there may be a company policy restricting conversations with represented employees.