I hired a freelance assistant for a corporate shoot. He was moving a C-Stand and clipped the CEO’s Tesla, scratching the door deeply. Or worse, he knocked it onto the CEO. The client sued me. My insurance company asked, “Was he an employee or a contractor? And did you have ‘Non-Owned Auto’ or ‘Vicarious Liability’ coverage?”
Key Takeaways
- Vicarious Liability: You are responsible for the actions of people working for you. If your assistant breaks something, you get sued.
- Employee vs. Contractor: If he is W-2, your Worker’s Comp and General Liability cover him. If he is 1099 (Freelance), your policy might exclude him unless you have “Independent Contractor” endorsements.
- The Contractor’s Insurance: Ideally, freelancers should have their own insurance. In reality, most assistants don’t. You need to assume the risk.
- Medical Payments: If the assistant gets hurt, and you don’t have Worker’s Comp, you are personally liable for his medical bills. General Liability excludes injuries to employees/contractors.
The “Why” (The Trap)
The trap is “The Uninsured Subcontractor.”
Your General Liability (GL) covers your negligence.
Policy language often defines “Insured” as “You and your employees.”
It often excludes “Independent Contractors.”
If the assistant (contractor) causes the damage, your insurer denies the claim, saying “He isn’t an insured.” You are left holding the bag.
The Investigation (My Analysis of Liability)
I checked how to cover the crew.
The Hartford
- The Feature: They offer a “Blanket Additional Insured” endorsement that can extend to contractors if required by written contract.
Hill & Usher
- The Advice: They recommend requiring assistants to carry their own GL ($1M). If they don’t, you must add a “Hired/Non-Owned” liability rider or reclassify them.
Worker’s Comp
- The Law: In states like CA or NY, if you hire an assistant for a day, you technically need a Worker’s Comp policy ($500/year minimum) or you are breaking the law.
[IMAGE: Diagram showing the liability flow: Assistant -> Damage -> Client sues Photographer -> Photographer’s Insurance denies claim]
Comparison Table
| Scenario | General Liability | Worker’s Comp | Assistant’s Own Insurance |
| Assistant hurts Client | Covered (usually) | N/A | Primary Coverage |
| Assistant hurts Self | Denied | Covered | Denied |
| Assistant breaks Gear | Denied (Property) | N/A | Covered (if they have it) |
Step-by-Step Action Plan
- Contract Your Assistants: Have a simple contract stating they are independent contractors and responsible for their own negligence (indemnification clause).
- Check “Separation of Insureds”: Ask your agent if your GL covers subcontractors.
- Buy a “Ghost Policy”: A minimum premium Worker’s Comp policy protects you if an assistant gets hurt. It’s cheap peace of mind.
- Use Sandbags: The best insurance against falling stands is a $30 sandbag. Negligence (“I didn’t bag the stand”) is harder to defend.
FAQ
Does my policy cover theft by my assistant?
“Dishonesty Exclusion.” Most policies exclude theft by employees or anyone entrusted with the property. You need a “Crime Bond” for that.
If I pay them cash, does it matter?
It makes it worse. It looks like tax evasion + unregistered employment. Always pay via check/Venmo “Goods & Services.”
What if it’s a volunteer/intern?
They are often treated as employees for liability purposes.