I let my apprentice do his first walk-in. He went too deep and caused massive blowout and scarring. The client sued me (the shop owner), claiming I was negligent in supervising him. I told my insurance, “It wasn’t me!” They said, “It’s your shop, your name, your problem.”
Key Takeaways
- Vicarious Liability: As a shop owner, you are responsible for the actions of your employees and apprentices. If they screw up, you get sued.
- Adding Apprentices to Policy: You must formally list apprentices on your Professional Liability policy. Some insurers charge per artist. If he wasn’t listed, he wasn’t covered.
- 1099 vs. Employee: Even if he is “independent,” if you are teaching him, you have a supervisory role. The “Independent Contractor” defense rarely holds up for apprenticeships.
- Shop Policy vs. Artist Policy: The best setup is requiring every artist (even apprentices) to carry their own liability insurance naming the shop as “Additional Insured.”
The “Why” (The Trap): The “Named Insured” Definition
Your policy covers “The Named Insured” (You/The LLC).
It typically extends to “Employees”.
It does NOT automatically extend to “Independent Contractors” or “Volunteers” (Apprentices).
If you didn’t specifically endorse the policy to cover “Apprentice Operations,” the insurer will deny the claim because the person holding the machine was not an insured party.
The Investigation: “I Called Them”
I asked how to cover the “New Guy.”
1. Marine Agency (Shop Policy)
- Rule: You report the number of artists.
- Cost: ~$350 per artist/apprentice per year.
- Coverage: Covers the shop and the apprentice. Best for control.
2. Individual Artist Policy (PPIB)
- Rule: The apprentice buys their own policy ($600/yr).
- Benefit: Moves the risk off your claims history.
- Risk: If they let it lapse without telling you, you are exposed.
Comparison Table: Shop vs. Individual Insurance
| Scenario | Shop Policy (All Inclusive) | Individual Artist Policies |
| Apprentice Messes Up | Covered (Your rates go up) | Covered (Their rates go up) |
| Cost | Higher Premium for Shop | $0 for Shop (Apprentice pays) |
| Control | High (You know it’s active) | Low (Must verify monthly) |
Step-by-Step Action Plan
- Mandatory Insurance: Make it a condition of the apprenticeship: “You cannot touch skin until you show me a Certificate of Insurance.”
- Sign Off Sheets: Document their training. If you can prove they completed 100 hours on fake skin and 10 supervised tattoos before this one, you defend against “Negligent Supervision.”
- Update Your Roster: Email your broker immediately when you take on an apprentice. Do not wait for renewal.
- Additional Insured: Ensure their policy lists your shop name as “Additional Insured.” This gives you rights under their policy.
FAQ
Q: If the apprentice quits, does the insurance stop?
A: “Claims Made” policies cover when the claim is made. If they quit and drop insurance, and the lawsuit comes 6 months later, there might be no coverage. You need “Tail Coverage.”
Q: Are apprentices covered for Workers Comp?
A: In many states, yes. If you control their hours and work, they are employees, regardless of what you call them.
[IMAGE: Screenshot of a Certificate of Insurance showing “Apprentice Name” as Insured and “Shop Name” as Additional Insured.]