[Direct answer]Yes. The probationary period is included in the term of the labor contract. The labor relationship is established from the date of employment, and the worker's injury during the probationary period is also subject to work-related injury identification, which has nothing to do with the number of days after employment, whether the worker has been regularized, or whether a written contract has been signed. If the employer refuses to declare the work-related injury on the grounds that the worker is still in the probationary period, the reason is not valid.

I. Problem Background and Typical Scenarios

Probationary employees are precisely the group most disconnected from work-related injury risks and protection: the employer often hasn't processed their social insurance yet because they haven't been officially hired, while the employees feel insecure and don't dare to speak up if something happens. Common scenarios include getting injured on their first day of work, traffic accidents during probationary field work, and falling injuries during overtime work. Most disputes boil down to the employer's claim that "since they haven't been officially hired, it doesn't count as a work-related injury".

II. Key points of dispute

First, whether a labor relationship has been established. It is established from the date of actual employment. If an employee signs a probationary contract and only works for a few days, it does not affect the determination of the labor relationship. Second, what to do if the employee is not insured. If the employer fails to pay work-related injury insurance premiums in accordance with the law, the compensation for work-related injuries shall be paid by the employing unit. The employee will not receive less compensation, but the compensation will be paid by a different entity. Third, the determination process. The same procedures for applying for work-related injury determination and labor capacity assessment apply. The employer shall submit the application within 30 days from the date of the accident. If the application is not submitted within the time limit, the employee may apply within one year. Fourth, the scope of benefits. The benefits are the same as those for regular employees, including medical expenses, wages during the period of suspension of work and payment of salary, and disability benefits, which shall be implemented in accordance with statutory standards.

III. Professional analysis by Henglue Lawyers

The official interpretation is very clear. In the case (2023) Yun 01 Xing Zhong No. 514, the Intermediate People's Court of Kunming City, Yunnan Province held that the "Trial Period Contract" signed by the employer and the worker stipulated the employer's name, the trial period, and wages, etc., which meets the basic characteristics of a labor contract and establishes a labor relationship between the two parties; the trial period is included in the term of the labor contract, and the employer cannot refuse to assume the responsibility for work-related injury insurance on the grounds that the worker is in the trial period or has only worked for a few days. The case announced by the People's Court of Jiujiang District, Wuhu City, Anhui Province further shows that the worker was recognized as having suffered a work-related injury and was classified as a level 9 disability during the trial period. Since the employer had not purchased insurance or made up for the arrears at the time of the accident, all benefits such as the one-time disability compensation of 217,409.04 yuan were paid by the employer itself. The two cases jointly point to a conclusion: the trial period is not an exemption period.Work-related injury compensationThe treatment will be exactly the same as before.

IV. Practical suggestions and legal basis

According to Articles 7, 10, and 19 of the Labor Contract Law of the People's Republic of China (adopted on June 29, 2007 and amended on December 28, 2012), an employment relationship is established from the date of employment, and the probation period is included in the term of the labor contract. Article 2, Article 14, and Article 17 of the Work Injury Insurance Regulations (promulgated in 2003 and amended in 2010) stipulate that workers who are subject to work injury insurance shall be identified as work-related injuries in accordance with the law, and the unit shall pay the benefits if the unit has not participated in the insurance. Suggestions: Seek medical treatment immediately after the injury and keep the medical records; request the unit to apply for work-related injury in writing, and if the unit refuses, apply for it within one year; for those who have not participated in the insurance, keep good records of wages, attendance cards, work badges, work clothes, and other evidence of the employment relationship to prepare for arbitration of benefits.

5. Henglu Law Firm's Reminder

The biggest obstacle for probationary employees to protect their rights is often not the law but psychology—they are afraid of losing their jobs and dare not report it. It should be reminded that the identification of work-related injuries is based on facts rather than individuals. The longer the delay, the faster the evidence will be lost, and it will be really troublesome once the statute of limitations expires. The employer should also enroll the employees in social insurance in time. If the probationary employee is identified as having suffered a work-related injury but has not been enrolled in social insurance, all benefits will be borne by the employee themselves, and the cost will be much higher than the premium. For probationary employees who suffer work-related injuries during commute, the determination of responsibility and the judgment of the rationality of the route can be referred to for reference.Personal injury and medical disputesTheir experience in assessing damages; for cases involving sick leave, medical leave, and the interface between labor relations, they can provide advice based on their expertise.Specialised legal servicesOverall assessment.Beijing Henglu Law FirmIt is recommended that you keep the proof of labor relations upon employment to prepare for any emergencies.

VI. Frequently Asked Questions

Q1: Is there a high chance of winning a compensation for work-related injuries during the probationary period?

If the labor relationship is clear and the injury is related to work, the chances of winning the determination and compensation claims are higher. In the case of non-insurance, only the payment subject will be changed.

Q2: What evidence do I need to prepare?

The probationary contract or employment notice, attendance and salary records, materials about the accident, medical diagnosis, and witness statements.

Q3: How much are the attorney's fees and procedural costs, approximately?

The identification and appraisal of work-related injuries are free of charge, and labor arbitration is also free of charge. Lawyer's fees are negotiated according to the stage or outcome of the case.

Q4: How long does the process take?

The determination of work-related injuries is generally made within 60 days, and after the determination, the claim for benefits often takes several months to complete.

Q5: What should I do first?

First, seek medical treatment to stabilize the injury, then request the unit to report the work-related injury in writing, and at the same time, preserve evidence of the labor relationship.

The above answer is based on the judicial practice in Beijing. The adjudicative standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

VII. Related public cases (for reference, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media, and have been publicly released. They are unrelated to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case No.](2023) Yun 01 Line End 514 No.
[Trial Court]Intermediate People's Court of Kunming City, Yunnan Province (Second Instance)
[Judicial Summary]The employer and the employee sign a "Probationary Period Contract", which stipulates the employer's name, the employee's name, the probationary period, and the payment of wages during the probationary period, etc. The content of the contract meets the basic characteristics of a labor contract, and it should be determined that the two parties have established a labor relationship. The probationary period is included in the term of the labor contract. The employer cannot refuse to assume the responsibility for work-related injury insurance on the grounds that the employee is in the probationary period, has only worked for a few days, or has not signed a written labor contract. If the employee is injured while performing work arrangements during normal working hours, it meets the requirements of Article 14, Item 5 of the "Regulations on Work-related Injury Insurance", and should be recognized as a work-related injury.
[Source]People's Court Cases (Judgment Document Network; Work-related Injury Identification Case of Kunming Xishan District Human Resources and Social Security Bureau) (2023)

[Case Number]The case number has not been made public.
[Trial Court]The People's Court of Jiujiang District, Wuhu City, Anhui Province (Second Instance: Wuhu Intermediate People's Court)
[Judicial Summary]If the employing unit where the employee works fails to pay the work-related injury insurance premiums in accordance with the law and an accident at work occurs, the employing unit shall pay the work-related injury insurance benefits. If the worker suffers a traffic accident during the commute to work during the probationary period, and the human resources and social security department recognizes it as a work-related injury and assesses it as a level 9 disability in work function, and the employing unit fails to insure in accordance with the law at the time of the accident and does not make up the work-related injury insurance premiums for the current month afterwards, it does not meet the prerequisites for the work-related injury insurance fund to pay, and it shall pay a lump-sum disability allowance and other work-related injury insurance benefits totaling 217,409.04 yuan.
[Source]Anhui Court Network (People's Court of Jiujiang District, Wuhu City) (2026-07)

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in time.