Construction Worker Awarded $4.3 Million In Job Site Accident

In the weeks after storm 2006, an accident at a job site changed everything for an El Paso construction worker.

Now, he’s won a 4.3 million dollar lawsuit.

But getting the money, and rebuilding his life, will be another challenge.

Oscar Avalos, 54, recalls the day he thought he was going to die.

It was September 14, 2006, and a trench collapsed, dropping thousands of pounds of dirt and steel plates on top of him.

He had to go through several surgeries and has been declared permanently impaired.

Because he can no longer work, he can no longer provide for his family.

“They came here entered into a multi-million dollar contract with the city of El Paso got paid and left,” said attorney, Jim Scherr.

A jury awarded Avalos 4.3 million dollars, ruling that a Kansas-based contractor – Nowak – did not follow proper safety requirements at Avalos’ job site.

Hired by the city, Nowak was supposed to use trench steel boxes built underground to protect workers, but only had metal sheets often used on potholes.

Avalos says he would like to buy a house.

But Scherr says getting the money from his settlement will be another challenge.

“Like many other cases this might go through years through the court system,” said Scherr.

Those are years Avalos won’t be able to work or provide his family.

Nowak will appeal the verdict.