Texas is unusual in that most private employers can choose not to participate in the state's workers' compensation system. These employers are called non-subscribers. Since they operate outside the Texas Workers' Compensation Act, the rules that apply to subscriber employers, including the use of a Bona Fide Offer of Employment (BFOE), do not apply to them.
A BFOE is a formal offer made by a subscriber employer under the Texas workers’ comp system. It allows the employer to bring an injured worker back in a modified or light-duty role. When properly issued, a BFOE:
Because non-subscribers are not part of the Texas workers’ comp system, they:
Even though they cannot issue a formal BFOE, non-subscribers still have options. They can:
It’s important to note that these offers are private employment arrangements. They do not carry any standing under Texas workers’ compensation laws.
If you are a non-subscriber in Texas, you cannot issue a BFOE. You may offer modified duty, but it will not have the same legal effect as a BFOE under the state’s workers’ compensation system.
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