In 1958, Gerard Hoffnung addressed the Oxford Union and recounted the famous ?Bricklayer's Story" ("

In 1958, Gerard Hoffnung addressed the Oxford Union and recounted the famous ?Bricklayer's Story" ("Half way up I met the barrel coming down...etc."). In 2006, how much compensation could a competent legal firm be expected to obtain for the bricklayer, and on what grounds?

Joe Macey, Mitcham, UK

• Actually, this scenario has been tested by the MythBusters and has been shown to be possile, although incredibly unlikely. However, the legend dates back as far as 1937 when Laural and Hardy performed it on film (http://www.filmsite.org/wayo.html). It also made an appearance in Babe - Pig in the City. To answer your question though, the worksite would have to pay compensation as they have a duty of care, no matter how stupid the worker is. There would be some blame placed on the worker, however, why was he left in control of a situation where his mental capacity was obviously not properly equipped? The employer is responsible to ensure that everyone follows the OH&S guidelines, and so there is some responsibility placed on them to ensure that the workers behave themselves. This does not obsolve the workers of their own duty of care. If another worker was nearby and saw what was happening, it is likely that worker would also have been dragged into the law suite.

  Keith, Darwin Australia