A Texas widow has filed a lawsuit against her husband’s employer for allegedly ordering that he take a drug test instead of calling an ambulance after he fell at work.

Benino Perez, 67, fell while working at Texas Industries (TXI) on July 1 last year, just two weeks before his scheduled retirement from the cement construction company where he worked for 38 years.

Perez fell several feet, hit his head, gradually lost consciousness and later died in hospital.

Alejandra Perez filed the lawsuit in a Texas district court on June 7 stating that as he was laying ‘unconscious on the ground,’ another employee ordered a drugs test to be carried out on him. It allegedly took two hours for paramedics to be called.

Mrs. Perez says her husband’s colleagues unzipped his pants and took urine from him, reports the Daily Mail. She also said he had been given a physical about a week before the accident and had been ruled ‘fine’. Mrs. Perez claims that the company was negligent in failing to train employees and to to provide proper equipment, and for the wrongful death of her husband.

Mrs. Perez’s attorney, Domingo Garcia, said: ‘There was a total lack of training and safety equipment for Mr. Perez on the date of the accident and reprehensible conduct on the part of a worker doing a drug test on an unconscious, dying employee instead of getting him immediate medical help. He died a pretty agonizing death.’

Garcia said the incident has had a huge impact on the family, especially the Mr. Perez’s wife.

TXI has refuted the suggestion that Mr. Perez was given a drug test.