Voluntary Benefits. Involuntary Lawsuits

By Steve Ditto on Linkedin

You didn’t pay for them—but you might still be liable for them.

Most employers offer supplemental benefits—accident insurance, critical illness, ID theft protection—through their group health plan.

Employees pay the premium. Brokers push the product. Seems harmless, right?

Here’s the trap:

❌  No fee benchmarking

❌  No vendor due diligence

❌  No broker comp disclosure

❌  50–70% commissions (yes, really)

❌  Zero fiduciary documentation

If your plan promotes it, facilitates enrollment, or deducts it from payroll—you’ve likely triggered fiduciary responsibility under ERISA and the CAA.

And if you didn’t vet the product or document the process?

You’re holding the liability bag.

Brokers get paid. Fiduciaries get sued.