存在劳动关系,本来是用人单位承担工伤赔偿责任的前提。但在司法实践中,一些用人单位明明与劳动者之间不存在劳动关系,但却仍然会被法院判定承担工伤赔偿责任,这是为什么呢?超龄用工,未享受养老保险待遇也构成工伤[案例]刘先生已经61岁,由于种种原因还未享受职工基本养老保险待遇。由于其特长,公司一直没有与其解除劳动合同。2016年11月15日,刘先生在上班期间,由于办公室电线老化,导致其在使用电器时遭到 The existence of labor relations, the employer should have assumed the premise of liability for work-related injury. However, in the judicial practice, some employers obviously do not have labor relations with the workers, but they will still be found guilty of work injury compensation by the court. Why? Excessive employment and lack of endowment insurance also constitute occupational injuries [case Mr. Liu is already 61 years old and has not enjoyed the basic old-age insurance for employees for various reasons. Because of its expertise, the company has not been terminated with the labor contract. On November 15, 2016, Mr. Liu was exposed to electrical appliances during office hours due to the aging of office wires