随着我国城市化进程的发展及生活压力的增大,越来越多的超过法定退休年龄的农民仍然在城市打工谋生,这些农民劳动者与工作单位之间是劳动关系还是劳务关系?若他们在工作中因工作原因伤亡,是应通过民事诉讼途径解决赔偿问题,还是应进入工伤认定程序来解决工伤赔偿问题? With the development of urbanization in our country and the increase of living pressure, more and more farmers whose statutory retirement ages are still working to earn a living in urban areas are labor relations or labor relations between these peasant laborers and their work units. If they At work due to work-related injuries and deaths, should be resolved through civil lawsuit compensation issues, or should be admitted to work injury recognition procedures to solve the problem of work-related injury compensation?