Can I claim compensation for my disability due to a work related injury during the probationary peri

Injuries sustained during the probationary period are also work-related injuries, and the employer must compensate them in accordance with the law.

1. Apply to the Labor Bureau for work-related injury recognition and submit relevant materials as required;

2. Apply to the Labor Appraisal Committee of the Labor Bureau for a labor ability appraisal;

3. Apply to the Arbitration Commission of the Labor Bureau for labor arbitration and claim compensation.

Hello, to the problem you described, the lawyer replied as follows:

Compensation should be made. Blessing!

Yes, the term of use is also subject to this employment contract.

Of course, it is a work-related injury.

Lawyer Wang Xiangwen.

Legal analysis: According to the relevant laws of China, if a worker is injured at work during the probation period, if he or she has purchased work-related injury insurance, he or she will be compensated by work-related injury insurance after the work-related injury is determined, and if he has not purchased work-related injury insurance, he shall be compensated by the employer.

Legal basis: "Regulations of the People's Republic of China on Work-related Injury Insurance" Article 30 Employees who are injured in accidents or suffer from occupational diseases due to work shall enjoy medical treatment for work-related injuries. Employees who are injured at work shall seek medical treatment in a medical institution that has signed a service agreement, and in case of emergency, they can first go to the nearest medical institution for first aid.

**If the expenses required for work-related injuries meet the requirements of work-related injury insurance diagnosis and treatment items, work-related injury insurance drug lists, and work-related injury insurance hospitalization service standards, they shall be paid from work-related injury insurance**. The catalogue of work-related injury insurance diagnosis and treatment items, the catalogue of work-related injury insurers, and the standards for work-related injury insurance hospitalization services shall be prescribed by the social insurance administrative department in conjunction with the administrative department of health and limb, the food and drug supervision and administration department, and other departments.

Analysis of the law of the lawWork-related injury identification procedures: 1. Apply for work-related injury identification to the Labor Insurance Department to obtain the work-related injury identification application form and work-related injury application instructions. Submit the application according to the following materials:

1. Fill in the application form for the identification of work-related injuries of enterprise employees; 2. Fill in the personal information form; 3. Proof of labor relationship; 4. Certificate of initial diagnosis from the rescue hospital; 5. A copy of ID card; 6. In case of traffic accidents or violent injuries, submit the responsibility ruling of the public security department and the relevant handling certificate; 7. Those who act bravely in the name of righteousness shall submit supporting materials from the civil affairs department; 8. Proof of work-related injury; 9. 1 two-inch infiltration friend**. The social insurance administrative department shall make a decision on the determination of work-related injury within 60 days of accepting the application for work-related injury determination, and notify the employee or his close relatives and the employee's unit in writing of the application for work-related injury determination. The social insurance administrative department shall make a decision on the determination of work-related injury within 15 days of accepting an application for work-related injury determination where the facts are clear and the rights and obligations are clear.

Legal basisRegulations on Work-related Injury Insurance Article 14 An employee shall be deemed to have suffered a work-related injury under any of the following circumstances: (1) he or she is injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are away for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) Being injured in a traffic accident or an urban rail transit, passenger ferry, or train accident for which they are not primarily responsible while commuting to or from work; (7) Other circumstances that laws and administrative regulations stipulate shall be recognized as work-related injuries.

According to the Regulations on Work-related Injury Insurance, in addition to the work-related injury insurance benefits suffered by an employee during the probationary period, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis.

Legal basisArticle 33 of the Regulations on Work-related Injury Insurance.

If an employee is injured in an accident due to work, or suffers from an occupational disease and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

If an injured employee who is unable to take care of himself needs nursing care during the period of suspension of work with pay, the unit to which he or she belongs shall be responsible.

Legal analysis: According to the laws and regulations of our country, the nine-level compensation standards for work-related injuries are as follows: one-time disability subsidy (9 months' salary), one-time work-related injury medical subsidy, one-time disability employment subsidy, nursing expenses, medical expenses, nutrition expenses and other expenses, and the specific standards of one-time work-related injury medical subsidy and one-time disability employment subsidy shall be stipulated by the people of provinces, autonomous regions and municipalities directly under the Central Government.

Legal basis: Article 37 of the Regulations on Work-related Injury Insurance If an employee is identified as having a disability of grade 7 to 10 due to work-related disability, he or she shall enjoy the following benefits:

1) A one-time disability subsidy shall be paid according to the level of disability from work-related injury insurance, and the standard is: 13 months' salary for grade 7 disability, 11 months' salary for grade 8 disability, 9 months' salary for grade 9 disability, and 7 months' salary for grade 10 disability;

2) If the labor or employment contract is terminated upon expiration, or the employee himself or herself proposes to terminate the labor or employment contract, the work-related injury insurance shall pay a one-time medical subsidy for work-related injuries, and the employer shall pay a one-time disability employment subsidy. The specific standards for one-time medical subsidies for work-related injuries and one-time employment subsidies for disability shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

The probationary period is the same as the treatment of work-related injuries. n [unrated work-related injury benefits]: n1, medical expenses:

**Expenses, hospitalization expenses, medical expenses, medicine expenses, and medical expenses required for work-related injuries will be fully reimbursed. N2, hospitalization food subsidy: hospitalization days business trip food subsidy standard 70% (social security payment) N3, transportation and accommodation expenses:

According to the actual occurrence (social security payment) n4, suspension of work and salary: personal salary of the suspension period (subject to the appraisal of the labor bureau) (paid by the unit) n5, nursing expenses: hospitalization days local nursing standard (paid by the unit).

Workers and pants Li injury insurance article Hu manuscript late example".

Article 17. If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Control of Occupational Diseases, the unit to which he or she belongs shall, within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.

If the employer fails to submit an application for recognition of work-related injury in accordance with the provisions of the preceding paragraph, the injured employee or his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area where the employer is located.

Probationary workers who cause work-related injuries are entitled to the same work-related injury benefits as regular workers. Specifically, it includes: living care expenses confirmed by the Labor Ability Appraisal Committee for those who are unable to take care of themselves; A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved; Transportation, accommodation and transportation expenses for medical treatment outside the co-ordination area; Other.

Legal basisArticle 38 of the Social Insurance Law of the People's Republic of China.

The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:

1) Medical expenses and expenses for work-related injuries;

2) Hospitalization meal subsidy;

3) Transportation and accommodation expenses for medical treatment outside the overall planning area;

4) The cost of installing and configuring assistive devices for the disabled;

5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6) A one-time disability allowance and a monthly disability allowance for employees with disabilities of grades 1 to 4;

7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;

8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;

9) Labor ability appraisal fee.

Legal Analysis: An accident during the probationary period is a work-related injury. During the probationary period, an employment relationship has been formed between the employee and the employer.

1) Being injured in an accident during working hours and in the workplace due to work-related reasons; (2) Being injured in an accident while engaging in work-related preparatory or finishing plexus work in the workplace before or after working hours; (3) Suffering violence or other accidental injuries during working hours and in the workplace as a result of performing work duties; (4) Suffering from an occupational disease; (5) During the period when they are out for work, they are injured due to work reasons or their whereabouts are unknown in an accident; (6) On the way to and from work, being injured in a traffic accident for which they are not primarily responsible, or in an accident involving urban rail transit, passenger ferry, or train; (7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.