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On the 8th of May, 2019, in the case “Mercedes Ramos de Avilés vs. Uber CT Corporation System”, (Caso: 18-26-14056), the State Insurance Fund Corporation determined that the claim filed by a user against the Uber app did not fall under the Workers’ Accident Compensation System Law. This was based on the fact that: (i) the agreement binding the parties indicates that Uber provides services to independent transport service providers; (ii) the company does not control the driver with regards to the provision of services; (iii) the driver decides when, how and for how long they use the app; (iv) the driver retains the option to accept, decline or ignore a user’s transport request through the app; (v) the driver can use other service platforms; (vi) the driver is independent from the Electronic Ride-Hailing Platform. The Court concluded that the user is not an employee of Uber but an independent contractor.

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