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Can I sue my employer?

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What is the name of your state? South Carolina

I work in local government.

My boss committed suicide 8 months ago, in his office (right next to mine).

He told me before he did it that he was going to, and I didnt believe him. Then he did it.

At first, after his death, I declined any kind of counseling, thinking that the feelings I was having were "normal" feelings anyone would have after an event such as this.

I requested counseling 3 months ago.

My employer is now pretty much ignoring my request for counseling. My primary doctor has put in writing to my employer that she feels that I am having post traumatic stress syndrome, or survivors guilt. This letter went ignored as well.

After the death, there was no mandatory counseling, no one received any. Some of the employees were the ones who broke the door open to find him, but they werent required any kind of counseling.

Is my employer negligent?


I'm a Northern Girl
I answered your post on the Litigation board but since it more properly belongs here, I'll answer it again. (It's better to post in only one place as otherwise the answers get split and not everyone has all the information.)

There is no law in South Carolina or anywhere else that makes it mandatory for an employer to provide counselling. That's not their job. While it would be a nice thing for them to bring in a counsellor or provide access to an EAP, it's not required by law, and there is no legal negligence in their refusal to do so.

There is nothing stopping you from getting counselling on your own. You can TRY submitting it as a workers comp claim, but there is no guarantee that the workers comp carrier will accept it.


Senior Member
No, your employer was not negligent. They are not responsible for the fact that this employee was probably suffering from a clinical depression and committed suicide.

Mandatory counseling? Are you suggesting your employer should have FORCED employees into counseling? That's ludicrous. They offered counseling at the time and you declined. You're an adult and needed to make your own decision on that score, as you did. The fact that they haven't offered it to you again doesn't make them negligent.

What you can do is tell your employer you wish to file a worker's comp claim for your current mental health problems. They will file a first report of injury and the WC carrier will determine if they are liable for the cost of your counseling.

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