21Working out average pre-incapacity weekly earnings for

21 Working out average pre-incapacity weekly earnings for non-contractor (1) In working out average pre-incapacity weekly earnings for a worker who is not a contractor— (a) if the worker was, immediately before the injury, employed by 2 or more employers—the worker’s earnings from all employment must be taken into account; and (b) the actual weekly earnings of the worker may be taken into account over— (i) a period of 1 year before the injury; or (ii) if the worker has not been employed for 1 year—the period of employment. (2) However, if it is not possible to work out fair average pre-incapacity weekly earnings for the worker under subsection (1) because the worker has only been employed for a short time, because of the terms of the worker’s employment or for some other reason, the worker’s average pre-incapacity weekly earnings may be worked out by reference to the average weekly amount being earned by— (a) others in the same employment who perform similar work at the same grade as the worker; or (b) if there is no-one mentioned in paragraph (a) in the same employment—others in the same class of employment as the worker, who perform similar work at the same grade as the