The family of Benino Perez is filing a suit against Texas Industries (TXI), a construction and cement company, suing for $15 million for actual and punitive damages, alleging that the company negligently failed to provide proper safety training and provide fall protection equipment, and that the company ordered a drug test on Perez when he lay unconscious after a fall before calling 911, resulting in a two-hour delay that may have cost the employee his life.
Witness testimony states that a fellow employee ordered a drug test, that co-workers unzipped his pants to take urine from him, and that two full hours passed before paramedics were called. Cameras that were positioned in areas that recorded the incident were removed the following day. An OSHA investigation was launched but issued no fines in the case.
A spokesman for TXI denies that the drug test was performed and that emergency response was delayed, claiming that emergency services were called after one of the company’s drivers noticed Benino walking irregularly with blood coming from his nose. They further state that no cameras were facing the area where Benino was working, and that the fall and its aftermath were not recorded.