One of the major points of this is definitely the background. To be honest I like the background more than I like the person. You added in lots of detail that I really think puts this over the top, and other than the lighting it really doesn't distract from the character.
The lighting I'm ok with in some areas, but in others I'm not so much. The character seems to blend in with the shadow on the wall a little too much. I think if you added a couple extra highlights to him on a couple of areas you could really make him pop out to the viewer. The lighting is fine, you just need to use it to aid your composition.
The character is simple, and I'm OK with that, not everything calls for these over the top flashy characters. This piece clearly calls for a simple, straightforward character. The character has a couple of flaws I would like to address though. His neck leading in to his head is a bit off, unless the characters has literally no chin. His torso seems a little small compared to the rest of him as well. Its just a little on the short side. Looking at his arm it seems his hand would be well past his knees if he was to stand with his hands at his sides.
I would have liked a little more detail on the characters hands. There are areas that need some wrinkles in the fingers. This could have also been solved with some more cast shadows. Areas where the fingers are bending and are facing away from the light source.
I think you have done a nice job with setting a feeling with the pose and colors. the desaturated colors put up a somber mood. Its like the guy has been knocked down and then kicked a little, and all he could even hope to care about is the cup of coffee. The mood is reinforced by the look n his face as well as the rain drops on the window. The setting seems to be a cafe or perhaps a truck stop somewhere on the highway, like he chose this place cause it looked as lonely and beat up as he feels. And the warmth inside is what he truly needed.
I think if you really get that character to pop out a little more i think your piece will easily look a lot better. Still though pretty good piece.