I was scheduled to go out for back surgery on December 13 2013. I was on FMLA which would expire in Feb/2014.

Answered on Oct 21, 2014

Hearing that you had a back injury, or progressive back condition or even an aggravation of a prior back injury, I am thinking that it would be a good idea to talk to a workers compensation attorney as well. That could help solve some of the immediate loss of earnings issues. However, realistically with a progressive condition, they would deny and you would have to fight it out. The other claims you possibly have would also dovetail with this suit, there is no subrogation for an ADA suit. You could conceivably receive both ADA and WC benefits. Good luck.