California Assault At Work Left Me With Permanent Eye Damage. Personal Injury Attorneys Say Workers’ Comp, Workers’ Comp Attorneys Say Personal Injury. What Kind Of Attorney Do I Need?
I’m in Los Angeles County, California, and I’m hoping someone can point me in the right direction because I keep getting bounced between personal injury and workers’ compensation attorneys.
On October 6, 2025, I was training one of my clients inside a gym where I work as an independent personal trainer. Another trainer started causing trouble with another client of mine. I attempted to de-escalate the situation, but he quickly became violent, threatened to kill my family and me, and pushed forward on me with a crazed look in his eyes.
At that point, another member and I restrained him on the ground while I yelled for the gathering crowd of members and gym employees to call the police. There were ample witnesses to the threats. Other trainers kept telling me to let him up. I told them why I was holding him until the police arrived, but I eventually released him because they kept insisting I let him go.
After I let him go, he was not secured by the gym employees or kept away from me. When I turned back toward my client, he came up from behind me and violently struck me in the right temple and eye. I suffered an orbital fracture, immediate loss of vision in my right eye, loss of hearing, and a severe concussion. My client had to fend off the attacking trainer as he attempted to continually strike me while I was in shock.
I now have permanent vertical double vision, a permanent severely dilated pupil, which causes severe light sensitivity and the need for prism correction and tinted lenses, even indoors. I have also been told that the damage inside the eye increases my future risk of glaucoma, cataracts, and eventual early blindness. Surgery has been discussed, but multiple doctors have advised against it because it could make my vision worse.
There was also a history with this trainer. Management knew there had been previous aggressive behavior and problems involving him. When I returned to the gym in July 2025, I was assured that if he caused any further problems, he would be removed.
The criminal case is still pending. They have tried to schedule a court date four times now, but my attacker keeps firing his public defender and insists that he can represent himself.
Here is where everything gets confusing.
As independent trainers, we are not paid by the gym and do not receive a 1099 from the gym. We pay the gym monthly rent to train our own clients there. Our clients pay us directly. We also carry and pay for our own professional liability insurance, but our policies do not include workers’ compensation coverage.
Several personal injury attorneys have told me that because I was working when the assault happened, I should speak with a workers’ comp attorney about the liability of the gym and their blanket insurance policy. Workers’ comp attorneys are telling me that because I operate independently, pay rent to the gym, and was intentionally assaulted, this sounds more like a personal injury case.
So I’m going in circles.
I also understand California has specific rules regarding whether someone is truly an independent contractor, regardless of what the working relationship is called.
What I’m trying to understand is:
- What kind of attorney should be reviewing this?
- Should I be looking for someone who handles both personal injury and workers’ compensation?
- Can there potentially be both a workers’ comp claim and a separate civil claim?
- Could the gym’s prior knowledge of this trainer’s behavior and what happened immediately before the assault create a separate civil issue?
- What filing deadlines should I be most concerned about?
The assault occurred on October 6, 2025, and I am trying to make sure that anything that needs to be filed is handled before October 6, 2026, because I understand there may be a one-year deadline that could apply to part of the case. I have medical records, police documentation, witnesses, photographs, and a detailed timeline.
I’m not asking Reddit to decide liability or tell me what the case is worth. I’m mainly trying to figure out what type of attorney I should actually be looking for before I lose more time being sent back and forth. Any guidance from someone familiar with California personal injury, workers’ compensation, premises liability, or workplace assault cases would be greatly appreciated.
Location: Los Angeles, California
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