Workplace accident recognized in lawsuit filed by Samuel Koch
Samuel Koch, a prominent German author and actor, suffered a severe injury during a stunt on the popular ZDF show "Wetten, dass..?" in 2010. The incident happened when Koch attempted to leap over five approaching cars with spring boots in a forward somersault during a live broadcast on December 4, 2010, leaving him paralyzed. Since then, Koch has been advocating for his accident to be recognized as a work-related injury under social security.
Initially, Koch's application was denied because he was not considered an employee or similar for social security purposes. However, Koch appealed the decision, and his case will be heard by the 2nd Senate of the Federal Social Court (BSG) in Kassel on September 24, 2021, at 13:00.
Koch, who assembled his six-member betting team and acted as his own director in the show, argues that he should be covered under social security as a contestant on the show. The lower courts, however, saw no social security coverage for Koch in his honorary position on the TV show.
The decision regarding Koch's social security coverage as a contestant on the show "Wetten, dass..?" will be pivotal, as it could establish a precedent for future reality TV contestants. The reason for the initial rejection was that social security coverage as an employee or "similar to an employee" did not apply to Koch.
In 2020, Koch applied to have his accident recognized as a work-related injury under social security, but was unsuccessful with the professional association and social courts in Mannheim and Baden-Württemberg. The Federal Social Court (BSG) will determine if Koch, who organized the bet, falls under the category of an employee or similar for social security purposes.
It is worth noting that Koch's appearance on the show was primarily driven by his own economic interest in showcasing his abilities and gaining recognition. Koch signed a non-paid participation contract with ZDF for the stunt on the show.
The outcome of Koch's case could have substantial implications for the social security coverage of reality TV contestants in Germany. The Federal Social Court's decision, anticipated at the end of this month, will provide clarity on whether contestants on such shows can be considered employees or similar for social security purposes.
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